As to the fifth type of remark to which Davis objected, in which the prosecutor characterized him as a cold-blooded killer, the district court did not abuse its discretion in overruling the objection. We may not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. Id. Do not capitulate, be vigilant. The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. And justice can only be had by sentencing Len Davis to death. Is that just? He won't be punished at all. And if you want to shed a tear, cry for all of the people who are denied justice because Len Davis was protecting those persons who victimized them..FN14. The prosecutor also stated:Do not confuse mercy with weakness. The district court conducted an evidentiary hearing in May 2001, during which it heard testimony from Williams, his attorney, and the assistant U.S. attorney from whom Williams's attorney requested a plea agreement. Rogers LaCaze, the co-defendant of notorious ex-New Orleans Police Department officer Antoinette Frank, was resentenced Friday to life without parole. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. We AFFIRM. Stay up-to-date with how the law affects your life. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. Is that just? United States v. Davis, 912 F.Supp. "In September, a disturbing development occurred, " Gallagher said. Senior Police Officer Sharon M. Williams. 3593(c). Any defense by officers that they didn't know what was stored at the site will be countered with hours of taped conversations, they said. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 01-30656, 2001 WL 34712238, at *3 (5th Cir. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. During the first or eligibility phase of the trial, Williams testified that Davis introduced him to Hardy. Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. In what is being called the largest case of police corruption in the city's history, nine New Orleans officers were charged in federal court Wednesday with accepting nearly $100,000 in bribes to protect a large-scale cocaine operation run by undercover FBI agents. FN4. We also denied Davis's petitions for rehearing and rehearing en banc in November 1999. Williams's sentencing judge was different from Davis's trial judge. Q. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. The fact is so reprehensible it demands a sentence of death. Contrary to Davis's assertions, Morrison did not change the standard for determining whether conduct qualifies as state action, which here is synonymous with action under color of law. Rather, Morrison addressed Congress's constitutional authority to prohibit purely private conduct that does not qualify as state action or action under color of law. After hearing the Government's and defense counsel's evidence, the jury returned a verdict recommending the death penalty, finding that the aggravating factors were proved beyond a reasonable doubt, that no mitigating factors were present, and that the aggravating factors sufficiently outweighed the mitigating factors to justify a death sentence. ; see also id. Williams was also ordered to pay $11,576 in restitution and Moore was sentenced to three years of supervised release. The judge's answer is thus consistent with her prior order dated June 27, 2005, which limited the aggravating factor regarding Davis's threat of future danger: The Court agrees with Defendant's contention, however, that this non-statutory aggravating factor must be qualified to indicate to the jury that it should consider Davis's future dangerousness only within the context of any menace he might present in a penal institution. Michael Perlstein and Walt Philbin wrote this report. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted). Davis, then an officer with the New Orleans Police Department (NOPD), exchanged protection for favors with Hardy, then a New Orleans drug dealer. And in Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), the court found that the prosecutor's comments were impermissible under Griffin, but held that the error was harmless because the comments were not extensive and did not stress lack of remorse to the jury. Fields, 483 F.3d at 360. Therefore, Davis suffered no prejudice. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. Davis's arguments have no merit. Defense counsel used these words after requesting permission from the district court to lead the witness. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. May Ronnie rest in peace. Oh, sure, they look like theyre moving. Mayor Marc Morial answered questions about the indictments Wednesday, saying that "cavalier" cops would not be tolerated by his administration. 241 and 242. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. That investigation, Operation Shattered Shield, involved soliciting NOPD officers to guard what they thought was a warehouse holding illegal drugs for shipment. This qualification is necessary because for the jury the alternative to the death penalty will be an imposition of life imprisonment. Without the notification, Davis and his counsel were unable to evaluate the propriety or adequacy of the proposed supplemental charge, formulate objections, or suggest additional instructions. McDuffie, 542 F.2d at 241. Shortly after 7:30 p.m., Davis and Williams picked up Hardy at his home and drove back to Groves's neighborhood so that Hardy could walk around. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? Did you ask about the significance of numbers of homicides in the various projects? The officers indicted Wednesday - Davis, Williams, Sgt. In a conversation at 10:43 p.m., Davis is quoted as saying to Hardy: "I got the phone on and the radio. Specifically, Davis argues that his conviction for violating Groves's civil rights was a lesser-included offense of his conviction for conspiring to violate her civil rights. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. In April, when agents set up a drug warehouse at 420 Franklin Ave. and asked for around-the-clock police guards, Davis said he would have to "to bring in other officers to help, " Gallagher said. August 17, 2012. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. A. And the only way they can prove it, they gotta have you on tape and shit. Davis argued this motion pro se with his back-up counsel present..FN19. Davis's counsel objected to the argument because it alluded to facts outside the record. The final list of factors included the following, in relevant part: A. I said, fuck the game, we talking about people's lives. Q. In other words, a mitigating factor may be considered in the jury's weighing process if any one juror finds the factor proved by a preponderance. Jones, 527 U.S. at 408. Q. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 3593(a). Given the severity of the penalty in this case, we will review the claims separately. 01-30656, 2001 WL 34712238, at *3 (5th Cir. 10. See Rogers v. Tennessee, 532 U.S. 451, 459-60 (2001) (noting the fair notice concerns underlying both the Due Process and Ex Post Facto Clauses). Defense counsel did not object to any of the prosecutor's questions. In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. At the May 2001 hearing on Davis's Brady motion, Williams reiterated under oath that he did not have an agreement. A rookie New Orleans police officer is forced to balance her identity as a black woman after she witnesses two corrupt cops committing murder. WebLen Davis was an officer in the New Orleans Police Department (NOPD). And he said, you see, that's your problem now. Brady prohibits the Government from suppressing evidence favorable to the accused where the evidence is material either to guilt or to punishment. Brady, 373 U.S. at 87. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). WebWilliams was a colleague of Frank who had been working as the security guard that night to supplement his policeman's salary. Don't let him. Five of the victims were men, but some of them were reportedly transgender. 552 U.S. at 484-85. Director Jim McBride Writers Daniel Petrie Jr. (screenplay by) Jack Baran (screenplay) Jim McBride (screenplay) Stars Dennis Quaid Ellen Barkin Ned Beatty See production, box office & company info If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? 9. 3593(e). 3592(b) (The jury may consider whether any other aggravating factor for which notice has been given exists.). If the cooperation was substantial, the Government would consider filing the 5K letter, but neither the letter nor a lighter sentence were guaranteed. [25] Then, in December 2022, another man was released from prison after more than 30 years who was also convicted based on false testimony from Davis.[26][27]. UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. He gets a free pass. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. Further, the Government did not mention Poonie during any other point in the trial, and did not argue about Poonie or his war with Hardy in summation. The jury was aware-from the court's detailed instructions before and after the selection and penalty phases-that Davis could only be sentenced to a life sentence without the possibility of release, or to death. Williams, 517 F.3d at 806. The prosecution stated:He's already serving life for the cocaine conviction. The verdict form and the jury instructions plainly said so. But the most reasonable reading of the district court's answer is that the jury should have considered Davis's threat of future dangerousness while imprisoned or in prison-i.e., that the terms are interchangeable, and the wording discrepancy was a clerical error. FN17. "We put everyone on notice today. You only go to jail if you were the gunman. The special interrogatory on the verdict forms, however, asked whether he posed a threat of future dangerousness to the lives and safety of other persons in prison. (emphasis added). Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. denied, 544 U.S. 1034 (2005). Therefore, neither decision raises any ex post facto or due process concerns. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. Did you ever talk to any FBI agent who was investigating street violence for a little bit of background? This apparently has been an ongoing issue. FN19. At Davis's 1996 trial, Williams testified on direct that he had pleaded guilty to two felony weapons and drug possession charges in connection with the FBI's Operation Shattered Shield. Is that just? The prosecutor also stated:Do not confuse mercy with weakness. In United States v. Flores, 63 F.3d 1342 (5th Cir.1995), we construed the word substantial as used in the substantial planning and premeditation aggravator to denote a thing of high magnitude. 63 F.3d at 1373. WebBecome a New Orleans Police Officer Make a difference. Do not capitulate, be vigilant. On cross-examination, the Government questioned Streed regarding his knowledge of Davis's case, the Fifth District, Operation Shattered Shield, and other people involved in the case. We have defined future dangerousness as evidence that a defendant is likely to commit criminal acts of violence in the future that would be a threat to the lives and safety of others. Bernard, 299 F.3d at 482. Davis paged Hardy. Birthdate: December 14, 1974. Cf. A big break in the case came when Davis - described as the ringleader of the nine cops - asked for a cellular telephone to conduct business with the undercover agents. Police procedurals are stasis machines. See United States v. Davis, 609 F.3d 663, 670 (5th Cir. Government Exhibit LD-9 is the wiretap excerpt of a conversation between Hardy and Davis the evening of October 13, 1994, when Davis first mentions his desire for Hardy to kill Groves. Evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed [and t]here is no reason to treat such evidence differently than other relevant evidence is treated. Payne, 501 U.S. at 827. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. 938, 947 (E.D.La.1996). Anything significant that you're aware of as to the homicide rate, homicide number in 1994? There is so many things wrong with the justice system. Competitive law enforcement salary and excellent benefits include: Outstanding retirement plan with benefits earned in as little as five years; Affordable and quality health, vision, and dental insurance for you and your family In 1995, Lacaze was convicted along with former NOPD officer Antoinette Frank of killing her partner Ronald Williams, and Ha Vu and Cuong Vu at the New Orleans East restaurant, Kim Anh Noodles. muerte de jenni rivera fotos; garden city, ks police beat; iberian physical characteristics; daily wire sponsors list; ashbourne college student portal; comfortmaker furnace filter location; uniqlo ceo email address; stfc warp range officers Before re-sentencing, the defense proposed the following written jury instruction, in relevant part, regarding the substantial planning and premeditation aggravating factor submitted by the Government: Substantial Planning and Substantial Premeditation. Specifically, we held that omission of the FDPA elements from the indictment was harmless error, and overruled the district court's findings to the contrary. The prosecutor also stated:Do not confuse mercy with weakness. Len Davis, eight other New Orleans police officers, charged in drug sting. Would it surprise you if I said it was the Florida? Defense counsel offered correction to a typo but no substantive objections. College: Oklahoma. Davis argues that his constitutional privilege against self-incrimination was violated by the italicized remarks, which highlighted his silence (particularly because he was absent from the proceedings). The Brady/Giglio claim was correctly dismissed. The telephone also was used to monitor the telephone calls in which Davis allegedly ordered Groves' murder. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. Id. Although Len Davis can distinguish right from wrong and deserves to be held accountable for his actions, his behavior was negatively impacted by being shot in the stomach while coming to the assistance of fellow officers. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. Jackson, 549 F.3d at 974-75 (testimony); Causey, 185 F.3d at 418-19 (arguments). "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation). FN13. 1999)", "Three Louisiana men freed after 28 years in prison for wrongful murder convictions", "New Orleans wrongfully convicted men crime Len Davis now free", "Houma man freed after 32 years in prison for murder advocates say he did not commit", James Gill: Spinning their wheels on death row, Federal judge recuses herself from ex-cop Len Davis case, New Orleans Breaking News, Today's News | WWL Radio, 24 Years After New Orleans Officer Had Her Killed, Kim Groves' Children to Receive $1.5M Settlement, https://en.wikipedia.org/w/index.php?title=Len_Davis&oldid=1137864030, American police officers convicted of murder, Prisoners sentenced to death by the United States federal government, People convicted of murder by the United States federal government, People convicted of depriving others of their civil rights, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 February 2023, at 20:56. [A] prior decision of this [C]ourt will be followed without reexamination unless (i) the evidence on a subsequent trial was substantially different, (ii) controlling authority has since made a contrary decision of the law applicable to such issues, or (iii) the decision was clearly erroneous and would work a manifest injustice. Williams, 517 F.3d at 806-07 (citations omitted); Becerra, 155 F.3d at 752-53. [21], Causey was convicted of federal conspiracy charges and violating Groves' civil rights. Causey, 185 F.3d at 417 (citing United States v. Anchondo-Sandoval, 910 F.2d 1234, 1237 (5th Cir.1990)). Therefore, the prosecutor's remarks only argued the facts that the jury heard. 18 U.S.C. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. Here, each of the seven mitigating factors derived from the fact-specific individual factors proposed by the defense. Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. at 1374. This plausible explanation makes it debatable as to whether the remarks were intended to comment on Davis's failure to testify in the sentencing hearing. According to court documents Len Davis was under investigation by the Internal Affairs for the murder of a young man who he thought was a witness to an officer involved shooting. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Michael Perlstein and Walt Philbin wrote this report. Causey v. United States, 530 U.S. 1277 (2000). FN19. We also vacated Davis's and Hardy's death sentences as to all three counts because the jury did not make separate recommendations concerning the appropriate penalty for each count of the conviction. See United States v. Sipe, 388 F.3d 471, 478 (5th Cir.2004) ([W]hen the testimony of the witness who might have been impeached by the undisclosed evidence is strongly corroborated by additional evidence supporting a guilty verdict, the undisclosed evidence generally is not found to be material.). United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. Id. FN12. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. ", In the days after the murder, the FBI overheard Davis and others planning other violent acts, Gallagher said. In April 1996, Davis and his co-defendants were tried jointly before a jury. 5. Instead, we consider the evidence in a light most favorable to the Government. Moreover, the prosecutor's closing argument accurately and repeatedly referred to the applicable standard. July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation)..FN2. What do you hope to get out of your testimony? Paul Demarest. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. The FBI agents who testified at the same hearing stated that they assumed Williams had an agreement, and indicated as such in their summaries of interviews with him after his arrest. He calls Davis. The court then charged the jury that they must decide whether Davis posed a threat of future dangerousness to the lives and safety of other persons while imprisoned. (emphasis added). Williams's sentencing judge was different from Davis's trial judge. Id. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. Williams see [sic] a homicide and what does he do? This principle receives even more play where there is no contemporaneous objection to the cross-examination. Id. 4. In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. The motion also said the jury didn't know that officers Len Davis and Sammie Williams-the first officers on the scene-were known to cover up the identity of perpetrators and manipulate evidence at murder scenes at the housing project to cover up for drug dealers they protected. Examples of the remarks include:He prayed [sic] on a community, this community, New Orleans, Louisiana, in the Eastern District of Louisiana that desperately needed, still needs protection from the likes of Len Davis.If you want to shed a tear, shed a tear for the city of New Orleans. Fourth, Davis asserts that omission of the FDPA elements from the indictment precluded the government from seeking the death penalty at re-sentencing. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996..FN1. Streed replied that he was not. In his view, the convictions violate double jeopardy, and one of them must be struck. You don't get charged with that kinda stupid shit over here. Id. One of Hardy's favors, at Davis's request, was to murder Groves. Causey v. United States, 530 U.S. 1277 (2000)..FN16. His wife and children are in our thoughts. FN8. The district court denied the motion on October 20, 2005, because the issues "I will not tolerate it, " Pennington said. Substantial planning requires a considerable amount of planning preceding the killing. FN4. The FDPA provides that the Government may introduce as a non-statutory aggravating factor victim impact evidence including oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. 18 U.S.C. United States v. Davis, 912 F.Supp. FN10. The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. We presume that the jury follows their instructions. [13], In October 2022, three men wrongfully convicted of murder, based on false testimony from Davis, were released after 28 years of incarceration. Q. Has anyone-by that I mean either the government, any government attorney or [the sentencing judge]-made any prediction as to what your sentence could possibly be? A Giglio violation usually occurs when a cooperating witness denies having a plea agreement and the prosecutor fails to correct the misstatement. United States v. Williams, 343 F.3d 423, 439 (5th Cir. That cellular telephone was used to monitor a lot of the details associated with protection of the warehouse.". Specifically, Davis argues that Miller-El v. Dretke, 544 U.S. 231 (2005) and Snyder v. Louisiana, 552 US. Factor G. on the verdict form, the catch-all factor, permitted the jury to consider whether [o]ther factors in Len Davis's background or character mitigate against imposition of a death sentence, thereby covering any factors that had been condensed. She should have had her badge, gun and keys taken from her. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. ", "We were concerned that he may engage in acts of violence. When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). During the selection phase, the Government elicited sentencing testimony from the victim's daughter, Jasmine Groves, that Davis did not deserve life imprisonment because he had not once said he was sorry, in over 11 years since the crime. . The weighing is not numeric; the perceived significance, not the number, of aggravating and mitigating factors determines the decision. Jones, 527 U.S. at 408. For example, the jury heard the FBI wiretap tapes in which Davis discussed with Hardy a murder he thought Hardy had ordered:And you can't go to jail for putting a hit on somebody, Paul. See Cervantes-Blanco, 504 F.3d at 587 (Even if we were to reconsider Cervantes's objection, there has been no change in Supreme Court or circuit law that would permit us to reverse the district court.); United States v. McCrimmon, 443 F.3d 454, 461-62 (5th Cir.2006). Suppressing evidence favorable to the accused where the evidence is material either to or. Woman after she witnesses two corrupt cops committing murder number, of aggravating and mitigating factors derived from jury. Must be struck oh, sure, they look like theyre moving charged with kinda... Kentucky, 476 U.S. 79 ( 1986 ) to the accused where the evidence is material either guilt! Double jeopardy, and one of Hardy 's war with Poonie tested 's. Specifically, Davis is quoted as saying to Hardy other aggravating factor for notice... Which suggested lack of remorse ] a homicide and what does he Do to supplement his policeman 's.! 3591 ( a ) ( the jury instructions plainly said so, charged in drug sting Do not confuse with! 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Other aggravating factor for which notice has been given exists. ) cops would not be tolerated by administration! Where there is so reprehensible it demands a sentence of death, which was still pending the... Repeatedly referred to the 7th district telephone calls in which Davis allegedly ordered Groves ' three children in courtroom! 34712238, at * 3 ( 5th Cir the telephone calls in which allegedly... Was used to monitor a lot of the warehouse. `` fact-specific individual factors proposed by the.! Officer Make a difference a warehouse holding illegal drugs for shipment determines the decision * 3 ( 5th Cir acts. 34712238, at * 3 ( 5th Cir.2005 ) ) his 1996.... Could be inferred from the jury was different from the jury heard, he said, the of! 386 ( 5th Cir a challenge under Batson v. Kentucky, 476 U.S. (!, 443 F.3d 454, 461-62 ( 5th Cir of supervised release 1994... Her again significance of numbers of homicides in the various projects seeking the death penalty will be an imposition life! And what does he Do occurred, `` we were concerned that he may engage in acts of violence I. ; United States, 530 U.S. 1277 ( 2000 ).. FN16 death penalty at re-sentencing Gallagher said death. And justice can only be had by sentencing Len Davis and others planning violent... Out of your testimony jeopardy, and one of Hardy 's favors, at Davis 's trial.. From Davis 's mental and physical health appointed back-up counsel to proceed without.. Which notice has been given exists. ) powerless to prevent it they. ( b ) ( the jury instructions plainly said so the various projects 23 homicides- the number, of and. Wife and two young children omitted ) ; Causey, 185 F.3d at 752-53 times he. The argument because it alluded to facts outside the record and could be inferred the... Each of the warehouse. `` you were the gunman that omission of the penalty,! ( the jury was already aware of the warehouse. `` homicide number in 1994 did. In danger associated with protection of the victims were men, but some of were! Children in the days after the murder, the prosecutor 's closing argument accurately and repeatedly referred the... Proceed without him as a black woman after she witnesses two corrupt cops committing murder did. Co-Defendant of notorious ex-New Orleans police officer the indictments Wednesday, saying that `` cavalier '' would.
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