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At around a.m., he drove his van to the residence of two of his friends, Harvey Bylsma and Ginger Donham. As for the timing of when this information was allegedly conveyed to the prosecution, Detective Borunda stated, “I don't know how early in the investigation it became known-that Randy Newell was actually Samuel Newell, but it was during one of the trials that it was known. This requirement furthers the salutary purpose of weeding out frivolous appeals, see Barefoot, 463 U. Smith now raises in federal court-Brady violations, ineffective assistance of trial counsel, and ineffective assistance of appellate counsel -were unavailable to him. Smith's arguments on appeal, beginning with his claim that the prosecution failed to disclose various pieces of material exculpatory evidence.
Bylsma's help in retrieving his pickup, which had been impounded. Pitchford indicated that “Randall Newell was also known as Samuel J. Smith also introduced the testimony of Detective Archie Borunda of the Albuquerque Police Department who stated he told the prosecution that “Randy” Newell was actually Samuel J. Detective Borunda testified once he learned this information, he obtained a rap sheet on Samuel J. The rap sheet indicated the prior convictions discussed above, and Detective Borunda stated he gave a copy of that rap sheet to the prosecution. At the time of his direct appeal, the three claims Mr. The Brady Doctrine“[S]uppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Brady, 373 U.
He did indicate, however, that the degree of decomposition of the bodies was consistent with the women having been dead for two to three days. The women went to a party that night at the home of one of Mr. Smith at the party and they had sexual intercourse numerous times that evening. Yet another important issue at this hearing involved four statements “Randy” Newell made to Sheriff Chavez, Sergeant Gonzales, Detective Borunda and an employee of the Medical Examiner's Office.
In an effort to show the prosecution knew prior to the end of the retrial, Mr. Hannigan, 24 F.3d 68 (10th Cir.1994), we discussed the criteria courts should look to in evaluating whether a certificate of probable cause is warranted. Exhaustion Having thus concluded we have jurisdiction over Mr.
Smith with two counts of kidnapping and two counts of first degree murder for the deaths of Cari Talton and Leslie Mc Donnell. Grubbs with two counts of being an accessory to kidnapping and two counts of being an accessory to first degree murder. Prior to trial, she spoke with Newell about the blood stains, and he told her the stains were menstrual blood as Ms. In addition, Celia Payne, the woman with whom “Randy” Newell was living at the time he died, later testified Mr. Bonnett, 877 F.2d 1450, 1459 (10th Cir.1989) (“Brady is not a discovery rule, but a rule of fairness and minimum prosecutorial obligation” (citations omitted)).
Pitchford himself and she told him, inter alia, that “Randall Newell was also known as Samuel J. The Indictment Although there was arguably some evidence tending to show “Randy” Newell may have been involved in the Talton-Mc Donnell homicides, there was also evidence tending to show Mr. The prosecution exercised its prosecutorial discretion and elected to seek an indictment from the grand jury in Bernalillo County, New Mexico, against Mr. On August 19, 1977, the grand jury returned an eight-count indictment charging William J. She remembered a pair of women's underwear was seized from Mr. She recalled it being stained on the right front side with several spots she thought were blood. Ferrara testified she did not believe the stains were menstrual blood, primarily because they were situated on the right front portion of the underwear, rather than in the area where menstrual blood would ordinarily be found. Talton's pelvis was on her right side, the same side as the stains found on the underwear.
On May 24, 1993, the magistrate judge issued a thirteen-page report and recommendation, making findings similar to those made by the state trial court after its Rule 57 post-conviction hearing.
Mc Cue, Federal Public Defender, Albuquerque, NM, for petitioner-appellant. On October 28, 1985, the New Mexico Supreme Court agreed with the State's position and held the state trial court was “without jurisdiction to grant an evidentiary hearing in the instant case.” State ex rel. The court then established a briefing schedule for the merits of the claims raised in the petition.
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She recalled being “curious” about the stains, and she asked someone whether tests of the underwear were necessary.