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Thread: Ricky Javon Gray - Virginia Execution - January 18, 2017

  1. #21
    Senior Member Frequent Poster Shep3's Avatar
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    He was found to be mentally retarded, was not the one who pulled the trigger, and offered to turn on Gray.

  2. #22
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    RICKY JOVAN GRAY v EDDIE L. PEARSON, Warden, Sussex I State Prison

    In today's opinions, the Fourth Circuit Court of Appeals remanded Gray's case to the district court for further consideration in light of the Martinez and Trevino rulings. Stating it was a conflict of interest for Gray's state attorneys to file his federal appeals.
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  3. #23
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    Court orders new lawyers for death row inmate

    New lawyers must be appointed for a Virginia death row inmate convicted in the bludgeoning and stabbing deaths of a Richmond couple and their two daughters, a federal appeals court ruled Friday.

    A three-judge panel of the 4th U.S. Circuit Court of Appeals ordered new representation for Ricky Jovan Gray, who was convicted in the New Year's Day 2006 slayings of Bryan and Kathryn Harvey and their daughters, 9-year-old Stella and 4-year-old Ruby.

    A lower court appointed the same lawyers who represented Gray in his unsuccessful state appeals to represent him in his federal appeals. Those lawyers argued that Gray was entitled to new attorneys who could investigate whether their efforts at the state level were constitutionally deficient. The appeals court agreed.

    "We find that a clear conflict of interest exists in requiring Gray's counsel to identify and investigate potential errors that they themselves may have made in failing to uncover ineffectiveness of trial counsel while they represented Gray in his state post-conviction proceedings," the court said. "Indeed, the Virginia State Bar Ethics Counsel advised Gray's counsel that they are ethically barred from investigating their own ineffectiveness."

    The panel sent the case back to a federal judge for appointment of new counsel. It deferred a decision on the key issue in Gray's federal appeal — whether he was improperly denied an evidentiary hearing on disputed issues during his state court appeals.

    The Harveys were preparing to host friends for a holiday chili dinner when Gray and accomplice Ray Dandridge spotted their open front door and decided to rob the occupants. They tied the Harveys up in their basement, where they were stabbed and beaten to death.

    Dandridge was sentenced to life in prison.

    http://www.chron.com/news/crime/arti...te-4587406.php
    An uninformed opponent is a dangerous opponent.

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  4. #24
    Administrator Moh's Avatar
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    On May 13, 2014, Gray's amended habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...630/267378/166

  5. #25
    Administrator Moh's Avatar
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    On August 19, 2014, Gray filed an appeal before the US Court of Appeals for the Fourth Circuit.

    http://dockets.justia.com/docket/cir...ourts/ca4/14-3

  6. #26
    Moderator MRBAM's Avatar
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    About 18 months to go Mr. Gray! Count down until Gray will turn blue!

  7. #27
    Administrator Heidi's Avatar
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    I would have said the same thing 6 years ago. With all the liberal judges on the 4th's bench now, I am not so sure.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #28
    Administrator Moh's Avatar
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    Nonetheless, since execution dates in Virginia are immediately set upon denial by the Fourth Circuit, there's a fair chance that Virginia could hold six executions next year: Gray, Teleguz, Prieto, Morva, Porter and Juniper. That would leave just Lawlor and Burns, barring any new arrivals of course.

  9. #29
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    On September 15, 2015, oral argument will be heard in Gray's appeal before the US Court of Appeals for the Fourth Circuit.

    http://pacer.ca4.uscourts.gov/calend...p152015ric.pdf

  10. #30
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    Federal appeals court hearing Ricky Gray's case today

    By FRANK GREEN
    The Richmond Times-Dispatch

    Lawyers for Ricky Javon Gray, sentenced to death for the 2006 murders of two young sisters in Richmond, are set to argue his case before the 4th U.S. Circuit Court of Appeals today.

    Gray, 38, was convicted of the New Year’s Day murders of Bryan Harvey, 49; his wife, Kathryn, 39; and their daughters Stella, 9, and Ruby, 4.

    The family was found slain in their Woodland Heights home, which was robbed and set on fire. Bryan Harvey was a well-known musician in the area, and Kathryn Harvey was a co-owner of the World of Mirth store in Carytown.

    Two other Virginia death-row inmates are to have cases considered by three-judge panels of the Richmond-based appeals court this week: Ivan Teleguz, 36, sentenced to death in 2006 in Rockingham County; and Thomas Porter, 40, sentenced in Norfolk in 2007.

    Meanwhile, an Oct. 1 execution date has been set for Alfredo R. Prieto, 49, for the 1988 murders of Rachael Raver, 22, and her boyfriend, Warren Fulton III, 22, in Fairfax County.

    Prieto was on California’s death row for rape and murder when a 2005 cold hit matched DNA from the Virginia slayings with his.

    A spokeswoman for the Virginia Department of Corrections said Prieto, like all condemned inmates, has until 15 days before the execution to choose between injection or electrocution. If no choice is made, the default method is by injection.

    Amid questions elsewhere about the availability of lethal injection drugs, the corrections spokeswoman said the department has the drugs needed for an execution.

    As of Monday, there appeared to be no litigation pending concerning Prieto’s Virginia death case, or any clemency petitions received by the governor’s office.

    In the Gray case, he and Ray Dandridge killed the Harveys in a rampage that left seven people dead in Richmond. Gray was sentenced to life in prison for the slayings of Bryan and Kathryn Harvey, and to death for the daughters’ killings.

    The Harveys were forced into the basement of their house where they were bound, beaten with a hammer, and their throats cut. The house was set on fire.

    The jury that sentenced Gray to death was told he admitted to police that days after the Harvey slayings, he and Dandridge murdered Ashley Baskerville, 21; her mother, Mary Tucker, 47; and stepfather, Percyell Tucker, 55, in their Richmond home.

    In a brief filed in April, his lawyers contend Gray should be able to argue on appeal that his trial lawyers were ineffective and did not perform up to acceptable standards by failing to investigate and present evidence during the guilt and sentencing phases of his trial that Gray was intoxicated by PCP at the time of the Harvey murders.

    U.S. District Judge Anthony J. Trenga, in Alexandria, ruled against him last year and also on Gray’s contention that the lawyers who filed his appeal in the Virginia Supreme Court also were ineffective.

    In 2013, a three-judge panel of the 4th Circuit ordered new lawyers for Gray. The judges ruled that Gray’s attorneys at the time could have a conflict of interest because they also represented him in his Virginia Supreme Court appeal.

    The lawyers, the panel said, could be required to vigorously argue their own ineffectiveness when representing Gray in state court.

    Gray’s lawyers argue that Trenga erred and want the appeals court to reverse the judge, order that the ineffectiveness-of-counsel claim be considered and, if warranted, a hearing be held to gather evidence.

    The Virginia Attorney General’s Office strongly disagrees. In a brief filed with the court, it counters that Gray’s argument that his voluntary intoxication reduced his culpability is not a new one but a “retread” of another already-dismissed claim.

    They also argue that Gray’s case does not fit within a narrow exception that would allow a federal court to hear a claim not first presented in a state court.

    Among other things, the Attorney General’s Office said the state appeals court rejected Gray’s claim that his trial lawyers failed to present expert testimony to explain Gray’s drug use and the effect it had on his culpability and his behavior.

    “In rejecting the claim, it also found that Gray ‘repeatedly told counsel that drugs were not to blame for his actions because petitioner knew what he was doing,’” the Attorney General’s Office said.

    An Attorney General’s Office spokesman said that if the 4th Circuit denies Gray’s claims and everything continues to move forward, it is possible an execution date could be set for late winter or early spring.

    The last execution in Virginia was of Robert Charles Gleason Jr., who strangled two fellow prison inmates and was electrocuted in 2013.

    Virginia has conducted 110 executions since the U.S. Supreme Court allowed capital punishment to resume in 1976.

    http://www.richmond.com/news/local/c...b53d198a3.html

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