U.S. v. Battle
Decision Date | 30 April 2003 |
Docket Number | Civil Action No. 1:01-cv-2620-ODE.,Criminal Case No. 1:95-CR-528-ODE. |
Citation | U.S. v. Battle, 264 F.Supp.2d 1088 (N.D. Ga. 2003) |
Parties | UNITED STATES of America, v. Anthony George BATTLE. |
Court | U.S. District Court — Northern District of Georgia |
William H. McKinnon, Assistant United States Attorney, Atlanta, GA, for Government.
Margaret O'Donnell, McNally & O'Donnell, P.S.C., Frankfort, KY, P. Bruce Kirwan, Atlanta, GA, for Defendant.
This federal death penalty case is before the Court for a ruling on Defendant's motion pursuant to 28 U.S.C. § 2255.Defendant seeks to set aside his conviction and his sentence.
The Court having heard the evidence at trial, the evidence presented in support of Defendant's habeas claims, and having the benefit of the arguments of counsel will set forth below its legal conclusions and, where specifically indicated its findings of fact.For the reasons stated, Defendant's motion is DENIED.
On November 21, 1995, Defendant was charged in a indictment with the murder of D'Antonio Washington, in violation of 18 U.S.C. § 1118.The indictment charged that:
[o]n or about December 21, 1994, [Defendant] while confined in a federal correctional institution, the United States Penitentiary at Atlanta, Georgia, under a sentence of life imprisonment ... did unlawfully and with malice aforethought commit the murder of D'Antonio Washington, by beating [him] with a hammer ...
Defendant entered a plea of not guilty on December 4, 1995.He simultaneously filed a notice of intent to rely on the defense of insanity at the time of the offense.
On July 26, 1996, the Government filed the statutorily required Notice of Intent to Seek the Death Penalty.See18 U.S.C. 3593(a).The notice referenced the intent or gateway factors in 18 U.S.C. § 3591(a)(2)1 and listed five statutory aggravating factors2 along with several nonstatutory aggravating factors which the Government sought to prove during the proceedings.After a...
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