Jenkins v. Allen
Decision Date | 31 August 2016 |
Docket Number | Case no. 4:08-cv-00869-VEH |
Citation | Jenkins v. Allen, Case no. 4:08-cv-00869-VEH (N.D. Ala. Aug 31, 2016) |
Court | U.S. District Court — Northern District of Alabama |
Parties | MARK ALLEN JENKINS, Petitioner, v. RICHARD ALLEN, Commissioner, Alabama Department of Corrections, Respondent. |
The petitioner, Mark Allen Jenkins("Jenkins"), seeks habeas corpus relief from his state court capital murder conviction and death sentence.See28 U.S.C. § 2254.
I.PROCEDURAL HISTORY .................................... 1
II.THE OFFENSE OF CONVICTION ............................ 6
III.THE SENTENCE ........................................... 11
IV.THE SCOPE OF FEDERAL HABEAS REVIEW ................. 15
V. JENKINS'S CLAIMS ........................................ 52
G.The Evidence of Capital Murder Was Insufficient To Convict Mr. Jenkins beyond a Reasonable Doubt ................... 312
H.The Trial Court's Sentencing Errors ...................... 318
I.Mr. Jenkins Was Deprived of a Fair Trial by the State's Racially Discriminatory Use of Peremptory Challenges ....... 324
J.The Trial Court's Wholesale Adoption of the State's Proposed Findings of Fact Was Unreasonable ....................... 332
K.The Manner of Execution Used by the State of Alabama Constitutes Cruel and Unusual Punishment ................. 338
VI.CONCLUSION ............................................ 340
I.PROCEDURAL HISTORY
In June, 1989, Jenkins was indicted in the St. Clair County Circuit Court on two counts of capital murder for the strangling death of Tammy Ruth Hogeland.(C.R. Vol. 10, Tab 27at 23).1The indictment charged that Jenkins intentionally killed Ms. Hogeland during the course of a robbery2 and kidnapping.3Jenkins was represented at trial by Douglas Scofield and Stan Downey.The guilt phase of the trial began on March 12, 1991.(C.R. Vol. 45, Tab 73).On March 19, 1991, Jenkins was convicted as charged.(Id.).After a twenty-minute recess, the court proceeded with the penalty phase of the trial.4(Id.).Later that day, the jury recommended by a vote of 10-2 that Jenkins be sentenced to death.(Id.;R. Vol. 9, Tab 24at 1763).At the April 10, 1991,sentencing hearing,5the trial court followed the jury's recommendation and sentenced Jenkins to death.(R. Vol. 9, Tab 26at 1795).
Jenkins was represented by Douglas Scofield on direct appeal.He raised a variety of issues on appeal, including: (1) insufficiency of the evidence; (2)the court's failure to suppress physical evidence; (3) the admission of testimony from several prosecution witnesses; (4) the selection of the jury; (5) alleged violations of Batson v. Kentucky, 476 U.S. 79(1986);(6)the court's findings on aggravating and mitigating circumstances; (7) prosecutorial misconduct during closing arguments in the guilt and sentencing phases; and (8)the court's jury instructions.(C.R. Vol. 12, Tab 28;C.R. Vol. 13, Tabs 30 and 32).The Alabama Court of Criminal Appeals affirmed Jenkins's convictions and sentence on February 28, 1992, and denied his application for rehearing on April 17, 1992.Jenkins v. State, 627 So. 2d 1034(Ala. Crim. App.1992).On May 28, 1993, the Alabama Supreme Court affirmed Jenkins's capital murder convictions and death sentence.Ex parte Jenkins, 627 So. 2d 1054(Ala.1993).On March 28, 1994, the United States Supreme Court denied Jenkins's petition for a writ of...
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