Summary of Offense:
In 2006, Marshall was sentenced to death for the 2004 murder of his 15-year-old stepdaughter, Alicia Nicole Bentley, whom he had been molesting.
Summary of Offense:
In 2006, Marshall was sentenced to death for the 2004 murder of his 15-year-old stepdaughter, Alicia Nicole Bentley, whom he had been molesting.
No. 08-5495 *** CAPITAL CASE ***
Title:
William Bruce Marshall, Petitioner
v.
Alabama
Docketed: July 28, 2008
Lower Ct: Court of Criminal Appeals of Alabama
Case Nos.: (CR-05-1035)
Decision Date: August 31, 2007
Discretionary Court
Decision Date: April 25, 2008
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jul 23 2008 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2008)
Aug 22 2008 Brief of respondent Alabama in opposition filed.
Sep 4 2008 DISTRIBUTED for Conference of September 29, 2008.
Oct 6 2008 Petition DENIED.
http://www.supremecourt.gov/Search.a...es/08-5495.htm
Alabama appeals court upholds 8 death penalty cases
A state appeals court is refusing to overturn the convictions of eight inmates on Alabama’s death row.
In cases from Jefferson County, the Alabama Court of Criminal Appeals upheld the convictions and death sentences of Justin White; William Bruce Marshal; Demetrius Avery Jackson; and Anthony Lane.
The judges also refused to overturn the cases of Calvin Stallworth from Baldwin County and David H. Wiggins from Russell County.
From Mobile County, the court upheld the convictions and death sentences of William John Zeigler and Michael Bragg Woolf.
Woolf was convicted of killing his wife and their 2-year-old son. While the court upheld his case, the court did tell a judge to clarify a sentencing order.
The eight cases represent 4 percent of all the 197 inmates on death row in Alabama.
http://cbs42.com/2014/05/02/alabama-...penalty-cases/
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On September 28, 2015, Marshall filed a habeas petition in Federal District Court.
https://dockets.justia.com/docket/al...cv01694/156642
Death sentence reversed by the Federal District Court on the 23rd of October 2020 on an IAC claim.
https://cases.justia.com/federal/dis...?ts=1603519781
Can Marshall appeal this to the eleventh circuit? By Marshall I’m referring to Alabama’s attorney general. 5 years in federal district court and they overturn his sentence on a ineffective council claim?
Last edited by Neil; 10-27-2020 at 11:27 AM.
Considering how vile the crime is, I imagine the state will appeal but I wouldn't automatically assume they will succeed. Marshall's case is unusual in that his defence attorney presented absolutely no testimony in the penalty phase whatsoever. For a 2006 capital murder trial, that's absolutely woeful from the defence. Heaton (the judge who ruled in the case) is a Bush appointee as well.
Last edited by JLR; 10-28-2020 at 09:45 AM.
Was the lack of mitigation any different from Donnie Lance in GA? The 11th Circuit ruled that it wasn't justifiable to disturb the state courts in that case, so I don't see why this is any different. If anything, intervention is less justified here since one juror defecting wouldn't affect the outcome here, whereas it would in GA. And both states are in the 11th Circuit, so Lance's case is binding Circuit precedent here.
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"They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters
In Lance, counsel's failure to call character witnesses was described as reasonable as it would of allowed aggravating circumstances to be introduced in rebuttal. Marshall's attorney only contacted one of the potential witnesses before trial who didnt want to testify. That person did however give counsel a list of people who were willing to testify on Marshall's behalf but the attorney didn't even bother contacting them.
The 11th Circuit (and the Georgia Supreme Court) did find that Lance's attorneys were deficient for not presenting mental health evidence but they didn't find prejudice.
The aggravating factors in the Lance case were the multiple murders, burglary and the HAC aggravator. In Marshall, the only applicable factors according to the district court were the prior commission of a violent felony and burglary. Another aggravating factor that was presented at trial (crime was committed whilst under a sentence of imprisonment or probation) was struck on direct appeal.
The main comparable case mentioned in the District Court's opinion was Hardwick (2015) where counsel also failed to investigate anything and just basically gave up ( very similar to what happened here). The district court cited several other cases including Cooper (2011), Ferrell ( 2009) Williams (2008) and Johnson (2011) where counsel also presented next to nothing. All of those case got life sentences on remand.
I must have been looking at a different opinon by mistake when I checked who ruled on the case because it was actually Judge Khallon who was appointed by Obama. I imagine it will come down to prejudice when this case gets to the 11th circuit and could very well depend on what panel it gets.
COA denied by the Federal District Court.
https://law.justia.com/cases/federal...694/156642/74/
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