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Thread: Ellis Louis Mashburn, Jr. - Alabama Death Row

  1. #1
    Administrator Michael's Avatar
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    Ellis Louis Mashburn, Jr. - Alabama Death Row


    Henry Owen Birmingham, Jr., 85, and Clara Eva Birmingham, 80




    Summary of Offense:

    Mashburn pleaded guilty and was sentenced to death in 2006 for the 2002 murders of his grandmother, Clara Eva Birmingham, and step-grandfather, Henry Owen Birmingham, Jr.. Both victims had been beaten and stabbed to death.

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    Mashburn's sentence was upheld on direct appeal by the Court of Criminal Appeals of Alabama on November 2, 2007.

    http://caselaw.findlaw.com/al-court-...s/1108928.html

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    No. 08-8957 *** CAPITAL CASE ***
    Title:
    Ellis Louis Mashburn, Jr., Petitioner
    v.
    Alabama
    Docketed: February 27, 2009
    Linked with 08A599
    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-06-0328)
    Decision Date: April 25, 2008
    Discretionary Court
    Decision Date: October 24, 2008

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Jan 7 2009 Application (08A599) to extend the time to file a petition for a writ of certiorari from January 22, 2009 to February 23, 2009, submitted to Justice Thomas.
    Jan 13 2009 Application (08A599) granted by Justice Thomas extending the time to file until February 21, 2009.
    Feb 23 2009 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2009)
    Apr 3 2009 Order extending time to file response to petition to and including April 29, 2009.
    Apr 29 2009 Brief of respondent Alabama in opposition filed.
    May 13 2009 DISTRIBUTED for Conference of May 28, 2009.
    Jun 1 2009 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/08-8957.htm

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    Alabama Appeals Courts Upholds Calhoun County Circuit Courts's Decision

    An Alabama Appeals Court upholds a Calhoun County Circuit Court's decision to deny a post-conviction petition for a convicted killer from Jacksonville. Ellis Mashburn, Junior is currently on death row. In 2006, Mashburn pleaded guilty to killing his 80-year-old grandmother and his 85-year-old stepgrandfather. Authorities say Mashburn killed Henry and Clara Birmingham inside their Alexandria home on October 29, 2002. Both were badly beaten and stabbed multiple times. Investigators say it happened during the course of a burglary and robbery, which allowed 5 counts of capital murder. A judge followed the jury's recommendation of the death penalty. Over the years, the court has denied several appeals from Mashburn. Today's ruling from the state appeals court says the circuit court made the right decision in denying Mashburn's petition for a new trial.

    (Source: WEAC TV News)
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    On September 26, 2014, Mashburn filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ala...cv01829/152999

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    On January 20, 2015, Mashburn's habeas petition was DISMISSED in Federal District Court.

    https://cases.justia.com/federal/dis...?ts=1421825512

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    On April 1, 2015, Mashburn filed an appeal before the United States Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/15-11408

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    On July 13, 2016, oral argument will be heard in Washburn's appeal before the Eleventh Circuit.

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

  9. #9
    Senior Member CnCP Legend JLR's Avatar
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    On the 26th of October 2017, the 11th Circuit remanded Mashburn's case to the Federal District Court.

    https://law.justia.com/cases/federal...017-10-26.html

  10. #10
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    On January 26, 2022, Mashburn filed an appeal to the United States Court of Appeals for the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/22-10329
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