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Thread: Mark Allen Jenkins - Alabama Death Row

  1. #1
    Administrator Michael's Avatar
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    Mark Allen Jenkins - Alabama Death Row




    Summary of Offense:

    Mark Allen Jenkins was convicted on March 18, 1991 of capital murder in connection with the death of Tammy Hogeland on or about April 17, 1989 in St. Clair County.

    At trial, the State's evidence tended to show that on April 21, 1989, a truck driver discovered Tammy Hogeland's nude body on the side of a highway near Birmingham, Alabama. Forensic tests showed that Hogeland died as a result of manual strangulation.   Hogeland was last seen on April 18, 1989, at the Tenth Avenue Omelet Shoppe restaurant in Birmingham were she was working as a waitress. Some of the jewelry Hogeland had been wearing when she was last seen was missing when her body was discovered.

    At about 2:00 a.m. on April 18, 1989, a witness saw a red sports car, driven by Jenkins, enter the parking lot of the Omelet Shoppe. Sara Harris, an employee of the Omelet Shoppe, testified that she saw the victim drive off with Jenkins.   Later that morning two witnesses saw Jenkins at a gasoline service station off I-59. They said that a female was also in the car and that she appeared to be ‘passed out.’ These two witnesses left the service station and Jenkins also left the station and followed them on I-59. They saw Jenkins pull off of I-59 in an area near where Hogeland's body was later discovered.

  2. #2
    Administrator Moh's Avatar
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    On May 16, 2008, Jenkins filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ala...v00869/122891/

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    Alabama appeals court upholds 2 death sentences, reviews 2 others

    An Alabama appeals court has upheld the convictions of 2 death row inmates and told lower courts to review claims made by two other death row prisoners.

    In a decision rendered today, the Alabama Court of Criminal Appeals rejected Mark Allen Jenkins' claim of juror misconduct in his trial. Jenkins said one of the jurors should have disclosed that her nephew and his wife had been murdered 20 years earlier. The appeals court said Jenkins waited too long to raise the issue.

    Jenkins was convicted of the strangulation death of Birmingham waitress Tammy Hogeland, whose body was found in St. Clair County in April 1989.


    The appeals court also upheld the death sentence of Health Lavon McCray. He was convicted of killing Brandy Jean Bachelder in August 2005 after she told him to move out of her mobile home in Dothan.

    The court sent the conviction of Demetrius Avery Jackson Jr. back to a Jefferson County judge to review Jackson's complaint that blacks were unfairly excluded from his jury. Jackson was convicted in 2006 of killing Fairfield police officer Mary Smith.

    The appeals court also told a Jefferson County judge to take another look at claims by Kenneth Eugene Smith that there were problems with his trial. Smith was convicted of the murder-for-hire slaying of a minister's wife, Elizabeth Sennett, in Colbert County in March 1988.

    (Source: The Associated Press)

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    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Jenkins' petition for a writ of certiorari was DENIED.

    Lower Ct: Supreme Court of Alabama
    Case Nos.: (1101410)
    Decision Date: September 21, 2012
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    Administrator Moh's Avatar
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    On March 31, 2015, Jenkins' Atkins (mental retardation) claim was DENIED in Federal District Court.

    https://cases.justia.com/federal/dis...?ts=1427869652

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    Administrator Moh's Avatar
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    On August 31, 2016, Jenkins' habeas petition was DENIED in Federal District Court.

    https://docs.justia.com/cases/federa...0869/122891/57

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    Administrator Moh's Avatar
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    On June 5, 2017, Jenkins filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/17-12524

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    On November 1, 2018, oral argument will be heard in Jenkins' appeal before the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...s_Public_0.pdf

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    Administrator Aaron's Avatar
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    In today's opinions, the 11th Circuit denied Jenkins' appeal. The panel was made up of Tjoflat (Ford), Wilson (Clinton), and Branch (Trump). Judge Wilson dissented.

    https://cases.justia.com/federal/app...?ts=1567175454
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  10. #10
    Moderator Ryan's Avatar
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    Court upholds death sentence for Alabama inmate with IQ of 76

    MONTGOMERY — A federal appeals court has denied the appeal of a man sentenced to die for the 1989 murder of a woman.

    The 11th U.S. Circuit Court of Appeals on Friday turned down the appeal of Mark Allen Jenkins.

    Jenkins was convicted in the death of Tammy Hogeland, who was last seen April 18, 1989 at the Birmingham restaurant where she worked. Her body was later found by a highway.

    Lawyers argued Jenkins, who has an IQ of 76, is intellectually disabled and cannot be executed.

    Judges said the lower court did not err in finding him eligible. Judges noted childhood tests that measured his IQ in the 80s.

    The Supreme Court bans the execution of mentally disabled people but states have some discretion to decide how to determine intellectual disability.

    https://www.al.com/news/2019/08/cour...-iq-of-76.html
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