Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
Opinion Date: November 8, 2012
Defendant was tried and
convicted for the murder of a five-month-old. Defendant was sentenced to
death. The Supreme Court affirmed his convictions and sentence of death
but remanded for resentencing on the aggravated child abuse conviction.
Defendant subsequently filed a motion to vacate judgment and sentence.
The lower court denied Defendant's claims. Defendant then appealed,
asserting that his counsel was ineffective. The Supreme Court denied the
appeal. Thereafter, Defendant filed a successive motion to vacate
judgment and sentence with special request for leave to amend, asserting
that his counsel was ineffective. The circuit court summarily denied
the motion and subsequent rehearing. The Supreme Court affirmed, holding
(1) because Defendant's motion was untimely, the postconviction court
properly summarily denied the motion; and (2) because Defendant did not
address the merits of his claim on appeal, and because the
postconviction court did not rule on the merits, the Court would not
reach the merits of his claim.
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
Opinion Date: November 8, 2012
Defendant was tried,
convicted, and sentenced for several crimes against four separate
victims. Two of the victims - Iris White and Jackie McCahon - were
murdered, while two were not. This appeal stemmed from Defendant's
first-degree murder conviction and accompanying death sentence for the
killing of Jackie McCahon. Defendant raised thirteen claim on direct
appeal. The Supreme Court denied each of Defendant's claims, determined
that the death penalty was proportional to Defendant's crime, and
affirmed Defendant's convictions and sentences. Defendant subsequently
filed a motion for postconviction relief, raising sixteen claims. The
postconviction court ultimately denied all of Defendant's claims. The
Supreme Court affirmed, holding that Defendant was not entitled to
postconviction relief from his conviction and sentence for the
first-degree murder of McCahon.