On March 31, 2020, Taylor filed an appeal before the United States Court of Appeals for the Tenth Circuit.
https://dockets.justia.com/docket/ci...s/ca10/20-4039
On March 31, 2020, Taylor filed an appeal before the United States Court of Appeals for the Tenth Circuit.
https://dockets.justia.com/docket/ci...s/ca10/20-4039
On May 18, 2021, oral argument will be held in Taylor's appeal before the Tenth Circuit.
https://www.ca10.uscourts.gov/sites/...8_2021_Cal.pdf
The panel hearing Taylor's appeal will be made up of Chief Judge Tymkovich (G.W. Bush), Senior Judge Briscoe (Clinton) and Judge Moritz (Obama). The Tenth Circuit now has five active Democratic appointees and five active Republican appointees--that is, until President Biden gets two new judges confirmed.
https://www.ca10.uscourts.gov/sites/...2021_Final.pdf
Does Utah have drugs to carry out the sentence or could he die by firing squad?
Better Article
Appeals court ruling sends double killer back to Utah's death row
By Pat Reavy
KSL News
SALT LAKE CITY — Von Lester Taylor, whose conviction for shooting and killing a mother and daughter in Summit County was overturned, is now back on death row.
On Friday, the 10th Circuit Court of Appeals upheld Taylor's original convictions of two counts of capital murder.
"Mr. Taylor has not demonstrated that applying the well-established procedural default rules would result in a fundamental miscarriage of justice. Overturning the convictions now would be the fundamental miscarriage of justice," Chief Judge Tymkovich wrote in the decision for the court based in Denver.
On Dec. 22, 1990, Taylor and Edward Deli walked away from a halfway house in Salt Lake City and then broke into a vacant mountain cabin in the Beaver Springs subdivision in Oakley, Summit County.
Not long after, Kay Tiede and her mother, Beth Potts, a blind and partially handicapped Murray woman, arrived at the cabin and walked in on the two men. Within minutes, the women were shot multiple times and killed. Tiede's husband, Rolf, was also robbed and shot multiple times, including once in the head. He was then doused with gasoline as he pretended to be dead, but he survived the attack.
Taylor and Deli then set the cabin on fire and kidnapped Tiede's two daughters. The two men were arrested following a high-speed chase with police.
Taylor was sentenced to death for his role in the murders. Deli, after a juror held out against capital murder, was convicted of a lesser degree of murder and was sentenced to life in prison.
Following numerous appeals attempts, most of which centered around the claim that he had inadequate counsel at trial, Taylor filed a petition with a federal appeals court claiming "actual innocence."
In 2019, the appeals court ruled in Taylor's favor, saying he had met his burden of proof based on ballistics and medical forensics evidence. The fatal shots were actually fired by Deli, the courts ruled. Because of that, his conviction was overturned in 2020.
But according to the new ruling on Friday from the appeals court, "Taylor cannot qualify for the actual innocence exception" because under Utah law, he is still guilty as an accomplice.
"His actual innocence of capital murder as a principal does not absolve him of the substantive crime of capital murder under Utah law. He must also prove his actual innocence as an accomplice. Mr. Taylor failed to do so," the ruling states.
The court found that Taylor actively participated in the crime, even if he didn't fire the fatal shots.
"I fully agree with the majority that Mr. Taylor's actual innocence gateway claim lacks merit," Judge Mary Beck Briscoe wrote in a concurring opinion. She also noted: "The evidence overwhelmingly establishes that Taylor participated in, and was arguably the driving force behind, the two fatal shootings, and thus he is unquestionably subject to accomplice liability for the two murders."
In the majority opinion, Tymkovich also stated that Taylor has never denied firing the first shot that ultimately led to the deaths of the women.
"Despite reaffirming time and again that he participated in the murders, Mr. Taylor now argues he is 'actually innocent' of them. Thus, he contends we should consider his underlying claims for habeas relief. But given these facts, how can he be actually innocent?" the judge wrote in court documents.
"Mr. Taylor is not innocent, in any sense of the word,'" the ruling states. "The evidence clearly establishes that Mr. Taylor intended to cause the deaths of Kaye Tiede and Beth Potts and intentionally aided Mr. Deli to that end."
Taylor has been sentenced to die by lethal injection.
https://www.ksl.com/article/50215161...tahs-death-row
"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
“There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
- Rowan Atkinson
"There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche
En banc rehearing denied October 8, 2021.
https://www.supremecourt.gov/DocketP...947004_EOT.pdf
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
Final petition for writ of certiorari filed March 7, 2022.
https://www.supremecourt.gov/Search....5C21-7329.html
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
Final appeal distributed for conference June 9, 2022.
https://www.supremecourt.gov/search....c/21-7329.html
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
In today's orders, the United States Supreme Court DENIED Taylor's petition for certiorari.
Lower Ct: United States Court of Appeals for the Tenth Circuit
Case Numbers: (20-4039)
Decision Date: July 30, 2021
Rehearing Denied: October 8, 2021
https://www.supremecourt.gov/orders/...22zor_j5fl.pdf
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