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Thread: Us Carnell Petetan, Jr. - Texas

  1. #31
    Administrator Heidi's Avatar
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    Death row inmate convicted of killing wife in Waco loses appeal

    Carnell Petetan, Jr., 41, who was sent to death row for the September 2012 murder of his estranged wife in Waco, lost an appeal Wednesday to the state’s highest criminal appellate court.

    The Texas Court of Criminal Appeals upheld Petetan’s conviction and death sentence, rejecting an appeal in which his attorneys raised 30 points of error from his trial, during which the defense maintained Petetan was mentally impaired and thereby ineligible for the death penalty.

    Appeals court Judge Elsa Alcala, who dissented, said Wednesday she would have waited to rule until the Supreme Court decides another case questioning the constitutionality of how Texas determines intellectual disability.

    Petetan was convicted of capital murder in 2014 in the Sept. 23, 2012 shooting death of his wife, Kimberly Farr Petetan, 41, who was gunned down at an apartment complex on Lake Shore Drive.

    The woman's 9-year-old daughter was reported missing after the shooting, but Waco police later confirmed she had been located.

    She was in the apartment when her mother was killed.

    Petetan was later arrested in Bryan.

    http://www.kwtx.com/content/news/Dea...415734213.html
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  2. #32
    Administrator Helen's Avatar
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    Convicted killer returned to Waco for appeal hearing

    A man convicted of killing his estranged wife on Sept. 12, 2012 was back in McLennan County Tuesday for an appeals hearing.

    US Carnell Petetan, Jr, 41, was held in the McLennan County Jail awaiting a writ of habeas corpus hearing which is set Friday morning in Judge Ralph Strother's 19th District Court, the court docket shows.

    Petetan was convicted and sent to death row in 2014 for killing Kimberly Farr Petetan, 41, who was gunned down at an apartment complex on Lake Shore Drive.

    The Texas Court of Criminal Appeals already has upheld Petetan's conviction and death sentence, rejecting an appeal in which his attorneys raised 30 points of error from his trial, during which the defense maintained Petetan was mentally impaired and thereby ineligible for the death penalty.

    The pending habeas corpus hearing is required by state law in all death penalty cases, a spokesman for the district attorney said Tuesday.

    (Source: KWTX News)
    "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

  3. #33
    Administrator Helen's Avatar
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    Waco: Judge denies habeas corpus relief to convicted killer

    A Waco district judge refused to grant habeas corpus relief to a man convicted in the same courtroom 2 years ago of capital murder but did allow appeals lawyers to submit briefs on 2 topics.

    Judge Ralph Strother, in 19th District Court, said granting relief on the habeas corpus issue would "be like trying this case all over again," as US Carnell Petetan, dressed in jail clothing, sat silent and motionless at the defense table.

    Petetan was convicted in the same courtroom in 2014 and Strother, after the jury's recommendation, sentenced him to death.

    Bailiffs cleared the courtroom of visitors and attorneys while Petetan, shackled at the wrists and ankles, was led in.

    After he was seated the judge allowed everyone back in the courtroom.

    Lawyers with the state Office of Capital and Forensic Writs, in Austin, presented Strother with an 8-page application that listed 8 major issues at trial and expanded on each one.

    Strother, as presiding judge, was directed to determine if there were any unresolved issues stemming from the trial, if so, identify them and finally determine what action needed to be taken, Jeremy Schepers, 1 of the appellate lawyers, said.

    Schepers argued that Petetan was convicted by the jury who didn't have knowledge of his behavioral deficiency and that deficiency, under state law, means Petetan is ineligible for the death penalty.

    But Assistant District Attorney Sterling Harmon reminded Strother that Petetan, himself, testified at his own trial and the jury was able to see and hear him for themselves.

    As well, Schepers said, Petetan's lawyers at trial were ineffective and did not properly represent him.

    At the end of the 40-minute hearing Strother denied habeas corpus relief but did direct appellate lawyers to prepare briefs on 2 issues: the 1st Petetan's developmental disability and 2nd his claim of ineffective assistance of counsel.

    Waco attorney Russ Hunt, Sr., represented Petetan at trial and Strother directed that Hunt be given 120 days to respond to the appeals charge.

    The briefs are due back to Strother and he will review them to decide if further hearings are necessary.

    If Strother finds merit in the appeals argument, he likely would set another hearing on that specific issue.

    Petetan was convicted of killing his estranged wife on Sept. 12, 2012 and was sent to death row in 2014.

    Kimberly Farr Petetan, 41, was gunned down at an apartment complex on Lake Shore Drive and her daughter was abducted.

    Police in Bryan arrested Petetan after they found him and the little girl there.

    The Texas Court of Criminal Appeals already has upheld Petetan's conviction and death sentence, rejecting an appeal in which his attorneys raised 30 points of error from his trial, during which the defense maintained Petetan was mentally impaired and thereby ineligible for the death penalty.

    Friday's habeas corpus hearing is required by state law in all death penalty cases.

    (source: KWTX news)
    "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

  4. #34
    Senior Member CnCP Legend FFM's Avatar
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    Rehearing granted because of Moore.......

    http://search.txcourts.gov/SearchMed...1-8128461c1800

  5. #35
    Moderator Bobsicles's Avatar
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    Death sentence vacated and remanded to trial court by TCCA.

    https://search.txcourts.gov/handdown...ate=05/12/2021
    Thank you for the adventure - Axol

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  6. #36
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    Justice in today's era.

    "The evidence in this case is legally sufficient for the jury to reject Appellant’s intellectual disability claim."As such, and based on the record before us, Appellant has not been shown to be categorically ineligible for the imposition of the death penalty. However, the jury’s rejection of Appellant’s affirmative defense of intellectual disability was against the great weight and preponderance of the evidence.

    https://search.txcourts.gov/SearchMe...e-ec19732be248
    Last edited by Julius; 05-12-2021 at 10:00 AM.

  7. #37
    Senior Member Frequent Poster schmutz's Avatar
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    It seems like had the prosecution presented a single expert denying Petetan's claim it would have been at least 5-4 the other way. Lesson learned for the re-hearing. Relying on wishy-washy defense experts is not enough.

  8. #38
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    Further attempts to overturn death penalty conviction of man charged with killing his wife in Waco

    By Roland Richter
    Fox 44 News

    A man convicted of the 2012 capital murder of his wife in front of her daughter now has a hearing set for July 15 as part of a plan to challenge that conviction.

    The Texas Court of Criminal Appeals had already ordered a new punishment hearing for US Carnell Petetan, Jr, but this new action will put that on hold while his conviction itself is scrutinized.

    A spokesman for the McLennan County District Attorney’s Office said filings with the Court of Criminal Appeals in a pending writ of habeas corpus challenging that conviction are due by October 12 of this year.

    A hearing has been set for 1:30 p.m. July 15 with respect to various procedural matters relating to that writ.

    The history of the case following Petetan’s conviction has become increasingly convoluted.

    It had already been before the Texas Court of Criminal Appeals twice before the May ruling on his death sentence, once following a U.S. Supreme Court ruling regarding mental capacity and the death penalty.

    The arguments before the court centered on whether Petetan should have been able to claim intellectual disability and whether it would have made him ineligible for the death penalty.

    Court records show there had been multiple presentations made before the court regarding Petetan’s mental abilities and IQ with some conflicting results.

    The original jury rejected his defense of intellectual disability against what the ruling described as “the great weight and preponderance of the evidence.”

    In their May ruling, the Court of Criminal Appeals vacated the death sentence and remanded the case for a new punishment hearing.

    Now that may have to wait until after this new action is decided.

    A 19th District Court jury convicted Petetan, in connection with the September 27, 2012 shooting death of Kimberly Petetan who was shot twice in front of her nine-year-old daughter.

    She had been living apart from Petetan following alleged physical abuse. The two had been married in 2010 after they became pen pals while Petetan was serving a 20-year sentence for attempted murder.

    In the meantime, Petetan has been moved from a state prison facility and brought back to Waco for this new hearing, and is currently being held in the McLennan County Jail.

    https://www.fox44news.com/news/local...-wife-in-waco/
    "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

  9. #39
    Moderator Bobsicles's Avatar
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    The TCCA has granted the trial court an extension of time to complete its fact findings and recommendations for the Court relating to Petetan’s initial post-conviction application for writ of habeas corpus.

    https://search.txcourts.gov/SearchMe...7-6a3dd418516f

    APPLICATIONS FOR WRIT OF HABEAS CORPUS DISMISSED WITH A WRITTEN ORDER:

    https://search.txcourts.gov/handdown...ate=10/20/2021
    Last edited by Bobsicles; 10-20-2021 at 09:07 AM.
    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

  10. #40
    Administrator Helen's Avatar
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    Former death row inmate Petetan charged in assault with razor at McLennan County Jail

    By Tommy Witherspoon
    Waco Tribune-Herald

    Former death row inmate Carnell Petetan Jr. was charged with aggravated assault after officials say he slashed another McLennan County Jail inmate's neck and face with a razor blade during an altercation Wednesday.

    Petetan, who was sentenced to death in 2014 after his conviction in the 2012 death of his estranged wife, has been back in the county jail since July, after the Texas Court of Criminal Appeals vacated his death sentence in May.

    Officials charged Petetan, 46, with the new offense after he and jail inmate Courtney Deshun Gibson got into an altercation that was captured on jail surveillance video, according to an arrest affidavit. Gibson has been jailed under $8,000 bond since May on a charge of evading arrest in a vehicle and on parole violation allegations.

    The affidavit says only that there "were issues between Petetan and Gibson" that caused the fight. Petetan reportedly wielded a razor blade and cut the right side of Gibson's neck and his right cheek. Gibson was treated for his injuries at the jail, according to the affidavit, and a jail administrator said his injuries did not require hospitalization.

    Petetan has been in the county jail awaiting a new sentencing trial. The Court of Criminal Appeals did not set aside his capital murder conviction. McLennan County District Attorney Barry Johnson said Thursday that his office has not determined if it again will seek the death penalty against Petetan.

    Prosecutors would be able to use this week's jail assault allegations against Petetan during the punishment phase of his new trial if the office seeks the death penalty, Johnson said. If prosecutors do not seek the death penalty, Petetan will be sentenced to an automatic life prison term with no parole, the only other option for a capital murder conviction.

    Petetan's trial attorneys offered evidence of Petetan’s IQ and neurological issues that their expert witnesses said made Petetan intellectually disabled and, therefore, ineligible for the death penalty.

    The prosecution offered evidence to dispute Petetan’s intellectual disability claim. However, the Court of Criminal Appeals found “the jury’s rejection of Petetan’s affirmative defense of intellectual disability was against the great weight and preponderance of the evidence,” and the court set aside his death sentence.

    Petetan, a Port Arthur native, was convicted of breaking into his estranged wife’s Lake Shore Drive apartment and shooting her in front of her daughter and two men who rode from South Texas with him in September 2012.

    https://wacotrib.com/news/local/crim...8cdcac13f.html
    "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

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