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Thread: Taberone Dave Honie - Utah Death Row

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    Taberone Dave Honie - Utah Death Row




    Summary of Offense:

    Sentenced to die in 1999 for sexually assaulting and slashing the throat of his ex-girlfriend's mother on July 9, 1998 in Cedar City. He wants to die by firing squad.

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    Administrator Moh's Avatar
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    No. 01-10781 Status: DECIDED
    Title: Taberone Dave Honie, Petitioner
    v.
    Utah
    Docketed: Lower Ct: Supreme Court of Utah
    June 17, 2002 (990497)

    ~~Date~~~~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Mar 28 2002 Application (A01-731) to extend the time to file a petition for a writ of certiorari from April 11, 2002 to June 10, 2002, submitted to Justice Breyer.
    Mar 28 2002 Application (A01-731) granted by Justice Breyer extending the time to file until June 10, 2002.
    Jun 10 2002 Petition for writ of certiorari filed. (Response due July 17, 2002)
    Jun 10 2002 Motion of petitioner for leave to proceed in forma pauperis filed.
    Jul 17 2002 Brief of respondent Utah in opposition filed.
    Aug 1 2002 DISTRIBUTED for Conference of September 30, 2002
    Oct 7 2002 Petition DENIED.

    http://www.supremecourt.gov/Search.a...s/01-10781.htm

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    Death-row inmate appeals conviction to Utah Supreme Court

    A death-row inmate appealing his conviction and sentence claims his defense attorney failed to adequately look into how his background affected his behavior.

    Taberon Dave Honie came from alcoholic parents, might suffer from fetal alcohol syndrome and abused drugs and alcohol himself, his appeals attorney told the Utah Supreme Court on Thursday. Honie also might have suffered brain damage from a 30-foot fall when he was teenager.

    But Honie's appeals lawyer, Therese May, told the court his trial attorney didn't delve deep enough into those mitigating circumstances before Honie was convicted of sexually assaulting and slashing the throat of his ex-girlfriend's mother in 1998 at her Cedar City home.

    Assistant attorney general Tom Brunker argued that the defense attorney interviewed Honie's family and hired a forensic psychologist to evaluate him. They testified about his good qualities as well as the unfortunate events of his past, he said.

    The court will review the arguments and make a ruling in the coming months.

    http://www.deseretnews.com/article/8...eme-Court.html
    An uninformed opponent is a dangerous opponent.

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    Utah Supreme Court denies death row inmates claims

    The Utah Supreme Court on Friday rejected a death row inmates claims that a trial judge erred by rejecting a request for funds to investigate whether Honies trial attorney adequately represented him in connection with the vicious beating and killing of his ex-girlfriends mother.

    Taberon Dave Honie now 38, was sentenced to death in 1999 after a jury convicted him of one count of aggravated murder for killing Claudia Benn, 49, a Paiute substance abuse counselor, on July 9, 1998.

    Benn was bitten, beaten, stabbed four times in the throat, sexually assaulted and mutilated. A neighbor called police after hearing what sounded like a gun shot but was likely glass breaking as Honie, who was intoxicated on alcohol and marijuana, smashed a patio door. Police arrived at the home as Honie walked outside, covered in blood.

    According to court documents, he voluntarily told police, "I stabbed her. I killed her with a knife."

    Officers found three of Benns granddaughters, at least one of whom presumably witnessed the attack, inside the home. One child was covered in blood.

    An attorney for Honie argued before the high court in September that having more complete information about Honies background could have been used to provide a better defense during his trial and, at sentencing, might have spared him the death penalty.

    But the Utah Supreme Court found unanimously that Honie had failed to raise "a genuine issue if material fact as to his ineffective assistance of counsel," and that a judge was correct in denying Honie additional funds to investigate the issue.

    In previous appeals, Honie argued his conviction and sentence should be tossed because of a racially insensitive comment made by a prosecutor at trial, lack of proof Benn was alive when she was sexually assaulted the aggravating factor that led to the capital murder charge and that Utahs death penalty is unconstitutional. Those appeals failed.

    http://www.sltrib.com/sltrib/news/58...-benn.html.csp
    An uninformed opponent is a dangerous opponent.

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

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    On May 18, 2015, Honie filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/uta...7cv00628/62873

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    It took 16 years to get to the habeas petition in Federal District Court?! That's ridiculous! At least he is only 39, theoretically more time left to him so he could still face an X-Date

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    I've never understood why Utah is so slow in dealing with capital cases. It's one of the most conservative states in the Union and it has relatively few death-penalty appeals to deal with.

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    Administrator Helen's Avatar
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    It says he wants to die by firing squad. Is that still an option in UT?
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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    Inmates sentenced before 2004 could opt for it. Plus, just this year, a law has come into effect allowing for the firing squad as a backup for lethal injection if the necessary drugs are not available.

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    Administrator Helen's Avatar
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    Thanks Moh
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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