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Thread: Mohammad Sharifi - Alabama Death Row

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    Administrator Michael's Avatar
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    Mohammad Sharifi - Alabama Death Row




    Summary of Offense:

    Convicted in March 2005 for the shooting deaths of his wife, Sarah Kay Smith Sharifi, and friend, Derrick Brown, in 1999.

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    Administrator Moh's Avatar
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    No. 08-5817 *** CAPITAL CASE ***
    Title:
    Mohammad Sharifi, Petitioner
    v.
    Alabama
    Docketed: August 15, 2008
    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-04-1185)
    Decision Date: February 1, 2008
    Discretionary Court
    Decision Date: May 16, 2008

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Aug 11 2008 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2008)
    Sep 24 2008 Order extending time to file response to petition to and including October 15, 2008.
    Sep 30 2008 Brief of respondent Alabama in opposition filed.
    Oct 10 2008 Motion for leave to file amicus brief out of time filed by Government of Islamic Republic of Iran filed. (Distributed).
    Oct 15 2008 Supplemental brief of petitioner Mohammad Sharifi filed. (Distributed)
    Oct 16 2008 DISTRIBUTED for Conference of October 31, 2008.
    Nov 3 2008 Motion for leave to file amicus brief filed by Government of Islamic Republic of Iran out of time DENIED.
    Nov 3 2008 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/08-5817.htm

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    Administrator Helen's Avatar
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    Madison County judge wants Iranian death row inmate Mohammad Sharifi to stop sending her letters

    HUNTSVILLE, Alabama -- An Iranian man on death row for the shooting deaths of his ex-wife and her friend in 1999 is seeking a review of his case, but the volume and content of letters he's sent the court appears to have exasperated the judge.

    Mohammad Sharifi was convicted in 2005 in Madison County Circuit Court in the deaths of Sarah Sharifi and Derrick Brown and was sentenced to die. He was living in Huntsville on a visa in 1999.

    Sharifi's direct appeals have been rejected by the courts and he is now petitioning under Alabama's Rule 32 process, which looks at issues like ineffective assistance of counsel, improper conduct by the judge or other parties in the case and other constitutional violations that would show he did not receive a fair trial.

    The Rule 32 petition is now being handled by Madison County Circuit Judge Donna Pate and based on the court record Sharifi has sent the court at least five pro se - representing himself -- letters about his case. But, under the law, if a defendant has a lawyer, the attorney is supposed to address the court on his behalf. Sharifi is represented by attorney Robert Tuten.

    Sharifi's last letter, dated Sept. 15, is headed "Urgent, with pure facts and no legal arguments" and argues he was in Los Angeles when he heard news of the killings, which devastated him.

    The letter continues under the heading, "Judge Pate's Ultimate Dilemma" and argues the judge has only two choices, honoring her responsibilities, upholding Alabama law and the constitution, etc. and dropping all the charges after a Rule 32 investigation.

    Sharifi's letter says "Choice 2" for the judge is disobeying the law and following in the footsteps of the forces aligned against him.

    Sharifi's letter also contained a P.S. urging the judge to see the 12 legal supplements he filed with the court containing "overwhelming proofs and documents."

    Pate's order, issued Monday, directed that Sharifi's letters need to be routed to his attorney from now on.

    "Despite repeated rulings from this Court striking pleadings and other matters filed by defendant pro se at the same time he is being represented by counsel, defendant continues to submit correspondence and pleadings pro se," the judge wrote. "It is ordered that any correspondence or pleadings received from defendant pro se shall NOT be made a part of the official court file herein, but rather shall be forwarded to his attorney via his courthouse box."

    The question of whether Sharifi will receive an evidentiary hearing on his Rule 32 claims is still before the court.

    http://www.al.com/news/huntsville/in...l#incart_river
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Administrator Moh's Avatar
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    On November 15, 2017, Sharifi filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/al...cv01924/164498

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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Sharifi’s petition for certiorari.

    Lower Ct: Supreme Court of Alabama
    Case Numbers: (1160229)
    Decision Date: May 19, 2017

    https://www.supremecourt.gov/search....c/17-6382.html

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