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Carlos Jaime Avena - California Death Row
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Thread: Carlos Jaime Avena - California Death Row

  1. #1
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    Carlos Jaime Avena - California Death Row





    Facts of the Crime:

    Carlos Jaime Avena was convicted of the September 12, 1980 first-degree murders of Manuel Solis and Miguel Vasquez. Intending to steal a car, Avena saw the victims in a Camarro. He approached and demanded the keys and their money and then shot into the car, wounding both. Avena grabbed one of the victims, pulled him out of the car and shot him four times in the chest. The other victim exited the car, the co-defendant hit him on the head with a club.

    When one of the victims attempted to flee, Avena told his co-defendant to move out of his line of sight, and then he shot the victim twice. Some people on the street, including the victim's brother, Daniel Solis, witnessed this crime. The defendants then burned the car. When Ana Hernandez stopped at a light, Avena walked up to and shot into the car door. The co-defendant slammed a beer bottle on the windshield. Hernandez accelerated through the light and Avena shot and hit her car. Avena had previously been convicted of a drive-by shooting. While in custody awaiting trial, Avena shanked another inmate three to four times in the chest. The inmate died. A month later, Avena attacked a deputy.

    Avena was sentenced to death in Los Angeles County on February 12, 1982.

  2. #2
    Administrator Moh's Avatar
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    On June 10, 1996, the California Supreme Court denied Avena's direct appeal.

    http://appellatecases.courtinfo.ca.g...rstName=carlos

  3. #3
    Administrator Moh's Avatar
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    On July 8, 2012, the California Supreme Court denied Avena's habeas petition.

    http://appellatecases.courtinfo.ca.g...doc_no=S193259

    On November 26, 2012, the US Supreme Court denied Avena's certiorari petition.

    http://www.supremecourt.gov/Search.a...es/12-6362.htm

    On July 25, 2013, Avena filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cal...v05382/567375/

  4. #4
    Administrator Moh's Avatar
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    On March 19, 2014, Avena's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...8034/95689/281

    On April 18, 2014, Avena filed an appeal before the US Court of Appeals for the Ninth Circuit.

    http://dockets.justia.com/docket/cir...s/ca9/14-99004

  5. #5
    Senior Member CnCP Addict Stro07's Avatar
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    Only 8 months in Federal District Court. This has got to be a record for California.

  6. #6
    Administrator Moh's Avatar
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    I agree. It has to be a modern record. Making it even stranger is that the judge is actually a Clinton appointee.

  7. #7
    Senior Member CnCP Legend FFM's Avatar
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    You can see how bad California is at enforcing the death penalty when you know that the Federal District Court moves along much more quickly than the state habeas process.

    Pathetic.

  8. #8
    Weidmann1939
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    The state habeas process moves at a snail's pace, it's true. However the trial courts in California are very thorough. Few death sentences are overturned on appeal in California in state or federal court. Even governor Jerry (moon beam) Brown says there is no one who's innocent on California's death row. The anti's in the prop 34 campaign never made claims about innocent men on path row.

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    Administrator Moh's Avatar
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    On October 17, 2018, oral argument will be heard in Avena's appeal before the Ninth Circuit.

    https://www.ca9.uscourts.gov/calenda...5-19&year=2018

  10. #10
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    Avena's panel will be made up of Chief Judge Thomas (Clinton) and Judges Graber (Clinton) and M. Smith (G.W. Bush).

    https://www.ca9.uscourts.gov/calenda...5-19&year=2018

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