united states v carpenter 6th circuit

“ ‘The weighing is not numeric; the perceived significance, not the number, of aggravating and mitigating factors determines the decision.’ “ United States v. Davis, 609 F.3d 663, 673 (5th Cir.2010) (quoting Louis Jones, 527 U.S. at 408 (Ginsburg, J., dissenting)). A federal jury convicted Mark J. Carpenter of mail fraud and wire fraud in violation of 18 U.S.C. at 578–79. at 100, 661 N.E.2d 1030, Page ID # 6236. The district court questioned Juror 115 about his knowledge of Rico Lawrence. Several of the witnesses called him a hero. Explaining why such arguments prejudiced the defendant's right to a fair trial, the court observed: A prosecutor may not urge jurors to convict a criminal defendant in order to protect community values, preserve civil order, or deter future law breaking.
Under the FDPA, we are required to remand the case for reconsideration or imposition of a sentence other than death upon finding that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. Id. See Brown, 441 F.3d at 1367; United States v. Bourgeois, 423 F.3d 501, 507 (5th Cir.2005); United States v. Allen, 406 F.3d 940, 942–43 (8th Cir.2005); Higgs, 353 F.3d at 297–98; United States v. Quinones, 313 F.3d 49, 53 n. 1 (2d Cir.2002). The prosecutor's remarks thus represented a comment on the evidence, tending to question or impeach the evidence by referring to Lawrence's actions in response to prosecution. Opinions have been posted for Friday, September 25, 2020. 3. The FDPA in general and Lawrence's prosecution in particular satisfy the requirement that the aggravating circumstance cannot apply to every defendant eligible for the death penalty. Id. Finally, the trial court must determine whether the opponent of the strike has proven purposeful discrimination. Statutory interpretation is a matter of law also reviewed de novo on appeal.

1852, 68 L.Ed.2d 270 (1981)). The prosecutor's argument is also consistent, of course, with the instruction requiring the jury to weigh the aggravating and mitigating factors. Lawrence contends the “grave risk of death” aggravating factor set forth in 18 U.S.C. R. 291 Trial tr.

Lawrence contends the government violated his rights during jury selection by using peremptory strikes to remove three “death-qualified” African American members of the venire. 624 (1928)) (alteration in original).

There is no indication that the jurors failed to understand or follow the court's instructions. Id . See 18 U.S.C.

Lawrence said that he was in the habit of smoking marijuana, but was “perfectly fine.” Id. There is no substantial probability that a reasonable juror could have been led to believe that a sentence of death could be imposed absent his or her agreement.

Lawrence contends his sentencing was marred by “structural error” because the jurors failed to certify, in conjunction with their sentencing verdicts on Counts Seven and Eight, as required by the Federal Death Penalty Act, that they would have made the same sentencing recommendation irrespective of the race, color, religious beliefs, national origin, or sex of Lawrence or the victim, Bryan Hurst.

United States v. Martinez–Salazar, 528 U.S. 304, 307, 120 S.Ct. 7.
Lawrence knew only one faithful man, Greg Tolliver. The evidence was also sufficient to support the finding that Lawrence created a grave risk of death to people other than Hurst.

We therefore review only for plain error. See Fed.R.Crim.P. Carpenter v. United States, No. In fact, the Turner Court, by limiting the relief awarded to striking down the death sentence and expressly declining to disturb the jury's verdict of guilt, necessarily implied that the voir dire error was not the sort of “defect affecting the framework within which the trial proceeds” that would amount to a structural error. Finding it clear under Ohio law that a solitary juror may prevent a death penalty recommendation, the Brooks court held that “[j]urors from this point forward should be so instructed.” Id.

On its face, the indictment contains the elements of the pecuniary gain aggravating factor and informed Lawrence of the charges against which he had to defend. It was while acting in this capacity that Hurst was killed. The second involved the false statements Carpenter had made after he stopped forwarding investor money to Brito and kept the money in his own accounts. Id. For one suspect, Timothy Carpenter, the records revealed 12,898 separate points of location data—an average of 101 each day over the course of four months. Count Eight expressly incorporated Count Seven. 1860, 100 L.Ed.2d 384 (1988), and Kubat v. Thieret, 867 F.2d 351 (7th Cir.1989), arguing that jury instructions in a capital case are unconstitutional if they prevent jurors from giving due consideration to factors that may call for a less severe penalty or lead a juror to believe that his or her vote could not affect the ultimate result. 17 at 84, 97, 99, Page ID # 6220, 6233, 6235. Purkey, 428 F.3d at 756–57. Jurors may be persuaded by such appeals to believe that, by convicting a defendant, they will assist in the solution of some pressing social problem. The form indicated that Lawrence was assessed at 9:20 p.m. on the day of the interrogation. Schiro v. Farley, 510 U.S. 222, 229, 114 S.Ct. § 924(c), (j)(1). § 3593(f); it was a legal error that was “clear.” The first two requirements for plain-error relief are met. Count Eight alleged that Lawrence murdered Hurst with malice aforethought in the attempt to perpetrate a robbery (18 U.S.C. Yet the government presented plenty of evidence from which a rational juror could infer that Carpenter acted with intent to defraud. On appeal, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original). The government's explanation for excusing a prospective juror who was acquainted with defendant Lawrence's brother or stepbrother is facially reasonable and does not suggest discriminatory intent. 21.

Contrary to Lawrence's argument, the prosecutor did not tell or ask the jury to ignore or disregard the evidence. Arguing that the certification defect is structural error, he contends that he need not do so. Lawrence argues that the district court improperly granted the government's motion to permit Hurst's family to observe the guilt phase of trial and yet to testify at the sentencing hearing.

In other words, the difference between the jury's bottom line verdicts does not bespeak logical inconsistency or irrationality, but rather, quite the opposite. We therefore join them in holding that non-statutory aggravating factors need not be charged in the indictment to satisfy the Fifth Amendment's Indictment Clause. Moreover, the certification is a statutory, not a constitutional, requirement. It does not disclose Lawrence's thoughts at the moment he fired at Hurst. A defendant's denial of guilt and putting the government to the burden of proving guilt is ordinarily relevant in evaluating the defendant's entitlement to mitigating credit for acceptance of responsibility. ��� During the eligibility phase, the government sought to prove the pecuniary gain aggravating factor, one other statutory aggravating factor, and at least one of the four statutory intent factors. Today's Opinions; Opinions Search; Opinions Date Search; Opinions Last 10 Days We defer to the district court's assessment of credibility, United States v. Hill, 195 F.3d 258, 264–65 (6th Cir.1999), review the evidence in the light most likely to support the district court's decision, Al–Cholan, 610 F.3d at 954, and consider the evidence in the light most favorable to the government, United States v. Pacheco–Lopez, 531 F.3d 420, 423 (6th Cir.2008). However, the court cautioned that it would monitor the government's use of peremptory strikes for any evidence of a pattern. Decisions of other courts faced with analogous evidence support this conclusion. In order “to assess meaningfully the defendant's moral culpability and blameworthiness,” the jury should be permitted to consider the specific harm caused by the crime.

After being offered a break in the questioning, Lawrence indicated he needed to get to the hospital. See United States v. Grenier, 513 F.3d 632, 635–36 (6th Cir.2008). A teller behind the teller counter testified that she saw an arm with a gun come over the top of the counter as Hurst, from behind the counter, was trying to unholster his weapon. 5 at 195–96, Page ID # 4089–90. 1011, 175 L.Ed.2d 618 (2009); United States v. Barnette, 211 F.3d 803, 820 (4th Cir.2000). Instead a defendant normally should raise those claims in a post-conviction proceeding under 28 U.S.C.

The government also noted that Juror 115 appeared to be sleeping during voir dire and failed to respond to questions the district court asked, suggesting a hearing problem.

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