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Thread: Renard Marcel Daniel - Alabama

  1. #1
    Administrator Michael's Avatar
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    Renard Marcel Daniel - Alabama




    Summary of Offense:

    Was convicted of capital murder and sentenced to death in 2003 for the killings of Loretta A. McCulloch and John Wesley Brodie in 2001.

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    Administrator Moh's Avatar
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    On July 24, 2012, Daniel filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ala...v02526/144072/

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    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, on state habeas appeal, Daniel's petition for writ of certiorari was DENIED.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Moh's Avatar
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    On March 27, 2014, Daniel's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...2526/144072/28

    On June 12, 2014, Daniel filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/14-12558

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    Administrator Moh's Avatar
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    On April 30, 2015, oral argument will be heard in Daniel's appeal before the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...l%20Public.pdf

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    RENARD MARCEL DANIEL v COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS

    In today's opinions, the Eleventh Circuit Court of Appeals reversed the district court's denial of Daniel's ineffective assistance of counsel claim, and remanded for an evidentiary hearing.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Alabama inmate convicted in double murder to get new hearing on death sentence

    A federal appeals court has ordered a new hearing for an Alabama death row inmate convicted in an execution-style double shooting that occurred after one of the victims allegedly used a racial slur.

    Renard Marcel Daniel, 41, was sentenced to death two years after he was charged in the deaths of 35-year-old John Brodie and his girlfriend, 39-year-old Loretta McCulloch.

    The attorneys representing Daniel on appeal argued that his trial attorneys did not present mitigating evidence during the penalty phase of his capital trial – specifically that jurors were not shown enough evidence about the violence and sexual abuse of Daniel's childhood.

    A U.S. District judge denied the petition, which Daniel's attorneys then appealed to the 11th U.S. Circuit Court of Appeals. That court on Monday upheld his conviction but ordered a new evidentiary hearing regarding his sentence, calling his childhood "nightmarish by any standard."

    According to news reports from the 2003 trial, Daniel was charged with killing his East Lake neighbors after an argument on Sept. 26, 2001. Daniel, Brodie and McCulloch were playing cards and drinking beers with another neighbor, George Jackson, when Brodie called Daniel the "n-word."

    An argument ensued, and the couple later apologized, Jackson testified.

    When Daniel later asked McCulloch to return his cigarettes, she refused. He then walked to the couple's front door and fired four shots into the apartment, then entered and fired a shot into the back of each victim's head, according to reports.

    During the trial, Daniel's attorneys called into question all testimony from Jackson, who they said waited nearly 14 hours before telling police about the shooting. Daniel testified that Jackson shot the couple.

    In May 2003, a Jefferson County judge upheld the jury's recommendation that Daniel be sentenced to death. In April 2011, an appeals court upheld his sentence.

    The federal appeals court agreed with Daniel's argument that further evidence about his childhood should have been weighed at his sentencing.

    According to court filings, his mother killed his biological father with a shotgun while Daniel, then 3, was in their home. Starting when he was 9, he was repeatedly sexually assaulted by his stepfather, who also forced him to engage in sex acts with his siblings.

    He was placed in special education classes in school, and his test scores show that he hovered on the borderline of intellectual disability.

    None of that evidence was presented during his trial in 2003. Daniel argued on appeal that his trial counsel did not conduct a constitutionally adequate investigation into his background.

    "While trial counsel presented some mitigation evidence during the penalty phase through Mr. Daniel's mother, the description, details, and depth of abuse in Mr. Daniel's background that he brought to the attention of the state courts in his habeas proceedings far exceeded anything the sentencing jury and judge were told," the appellate court's decision reads.

    http://www.al.com/news/index.ssf/201...ted_in_do.html

    Was resentenced to LWOP.

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