bus 154 case 4 - Samuel Lee McDonald v Michael Bowersox...

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Samuel Lee McDonald v. Michael Bowersox 95-3863 FACTS: Samuel Lee McDonald is a death row inmate in Missouri state prison convicted and sentenced to death by a jury on February 24, 1982 for shooting an off duty police officer on May 16, 1981. McDonald filed a petition for a writ habeas corpus in 1989 post conviction. The district court denied McDonald’s petition in 1995 and McDonald appealed the court’s decision by arguing that the court has failed to hold an evidentiary hearing to establish his claim of ineffective assistance of trail counsel and his constitutional rights were violated under the Due Process Clause. ISSUE: Should McDonald be entitled to a writ of habeas corpus? LAW: In Habeas Corpus Relief of Criminal Law & Procedure, in conducting habeas review, a federal court is limited to deciding whether a conviction violated the Constitution, laws, or treaties of the United States. In Effective Assistance of Criminal
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Unformatted text preview: Law & Procedure, a petitioner has the burden of showing (1) that his counsel’s assistance fell below an objectively reasonable standard and (2) that he was prejudiced by his counsel’s ineffective assistance. ANALYSIS: Based off of McDonald’s military records in the span of three years from 1965 to 1968, there was no evidence of McDonald suffering any psychosis, neurosis, organic brain syndrome, or mental deficiency. Furthermore, McDonald never pled not guilty by reason of mental disease or defect and his counsel never present an argument that he had suffered from a mental disease or defect during his penalty trial. None of McDonald’s claims reached the level of a due process violation. CONCLUSION: The Missouri Court of Appeal found no error in the district’s court decision to deny McDonald’s petition for writ of habeas corpus....
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  • Fall '14
  • Law, Habeas corpus, Habeas corpus in the United States, Samuel Lee McDonald

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