United States v. Davis, 380 F.3d 821, 829-30 (5th Cir.2004), reh'g & reh'g en banc denied, 121 F. App'x 59 (5th Cir.2004) (table), cert. In determining whether the jury instructions impermissibly limited consideration of mitigating evidence, an appellate court must ask whether there is a reasonable likelihood that the jurors understood the challenged instructions to preclude consideration of relevant mitigating evidence proffered by [the defendant]. Buchanan v. Angelone, 522 U.S. 269, 279 (1998) (quoting Boyde v. California, 494 U.S. 370, 386 (1990)). Therefore, it is not a relevant intervening change of law, and this issue does not fall within the exceptions to the law of the case doctrine. Finally, the testimony's probative value in demonstrating Davis's propensity for violent acts outweighs the danger of prejudice. First, we assess whether the prosecutor made an improper remark. Id. He is survived by his wife and two young children. [T]he relaxed evidentiary standard does not impair the reliability or relevance of information at capital sentencing hearings, but helps to accomplish the individualized sentencing required by the constitution. Id. We AFFIRM. FN13. This court has recognized three exceptions to the law-of-the- case doctrine. You examined as well as Mr. Davis' personnel file, crime statistics for New Orleans for the year 1994, did you not? You have permission to edit this article. 3592(c)(9). You don't get charged with that kinda stupid shit over here. WebLatest on OT Sammy Williams including news, stats, videos, highlights and more on NFL.com The Government appealed. On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. Davis's substantial rights were not affected such that a reversal of his sentences is warranted. FN17. McDuffie, 542 F.2d at 241. Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. The district court denied the motion on October 20, 2005, because the issues The evidence included recorded telephone conversations between Davis and Hardy discussing Groves's complaint and the plan to shoot her. We presume that the jury follows their instructions. See Coble v. Quarterman, 496 F.3d 430, 438 (5th Cir.2007) (rejecting ineffective assistance claim for failure to object to prosecutor's argument describing defendant as remorseless where evidence at trial showed that defendant made comments immediately after the murders that indicated his lack of remorse). Therefore, neither decision raises any ex post facto or due process concerns. The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. UNITED STATES OF AMERICA Plaintiff-Appellee v. LEN DAVIS Defendant-Appellant. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. Defense counsel used these words after requesting permission from the district court to lead the witness. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. The district court had previously severed Davis and Hardy's re-sentencing hearings. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. I understand what you're trying to say, but please. Davis alleges eight points of error in the re-sentencing hearings. Accordingly, the district court did not abuse its discretion in refusing to incorporate Davis's proposed instruction. The fact that Davis was not present during the selection phase when the prosecutor made the remarks, however, could have led the jury to believe that the Government was highlighting Davis's failure to apologize. The 2005 re-sentencing jury was different from the jury that convicted Davis in 1996. And he said, oh, that's Paul. The email address cannot be subscribed. The words substantial planning should be given their ordinary, every day meaning. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. "I will not tolerate it, " Pennington said. Even if the argument were not waived, it would be unavailing on the merits. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. His wife and children are in our thoughts. The FDPA requires this court to review whether the evidence supports a special finding of the existence of an aggravating factor. Several officers still await trial, including two facing murder charges. Q. Accordingly, the district court conducted a hearing at the second stage of the sentencing phase to determine whether Davis and Hardy should be sentenced to death or to life imprisonment without release. 3592(c)(9)..FN15. The other police officers were arrested Wednesday. 3591-3599. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. See Causey, 185 F.3d at 418. 13. In reply, the Government stated that Williams's request for a plea agreement was rejected, but if he cooperated without an agreement, witness protection would be made available. A refusal to give a requested instruction constitutes reversible error only if the proposed instruction (1) is substantially correct, (2) is not substantively covered in the jury charge, and (3) pertains to an important issue in the trial, such that failure to give it seriously impairs the presentation of an effective defense. Id. Do not capitulate, be vigilant. The drug trafficking probe was abruptly halted after Davis ordered the execution of a woman who filed a brutality complaint against him, authorities said. Because there was no contemporaneous objection to the testimony, the line of cross-examination, or the prosecutor's arguments, we review each act of alleged misconduct for plain error. Is that just? 3593(a). Davis seeks reversal not only of his death sentences under the FDPA, but also of his convictions. United States v. Causey, 185 F.3d 407, 412-21 (5th Cir.1999), cert. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. Show Transcript. United States v. Davis, 912 F.Supp. He gets a free pass. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. There was a good-faith factual basis for the questioning, because Williams had already testified that Poonie was a dealer in the Florida project who was one of Hardy's enemies. Maybe there wasn't enough evidence. The remarks were drawn from evidence in the record and could be inferred from the evidence the jury heard. As stated in Part III.B., supra, the jury was already aware that Davis and Hardy had been convicted for the murder of Groves, and that Hardy was the actual shooter. The description matched what Groves had on at the time of her murder. Their salary at that time was $18,000 a year. Williams and Duncan had been caught in Operation Shattered Shield and convicted on drug-conspiracy charges. This is precisely what the prosecution did here. Other participants in one or more of the capital offenses who are equally or more culpable than Len Davis will not be punished by death, including, but not necessarily limited to, the following individuals: Sammie Williams, Steven Jackson, Damon Causey. The prosecutor continued with questions about the population and crime statistics in the Florida project: Q.Dr. Streed, actually do you know which project is the smallest in New Orleans, well, back in 1994 population-wise? FN16. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. The final list of factors included the following, in relevant part: A. 405 U.S. at 154-55. FN18. 472 (2008) establish that the district court erred in overruling his Batson challenges. Officer Williams, On today, the 25th anniversary of your death I would just like to say thank you for your service and sacrifice for the citizens of New Orleans. Jasmine Groves waits for you to give her justice. EOW: Sunday, July 26, 2020. To establish Davis's relationship with Hardy and Hardy's reputation for violent acts, the Government presented testimony from Williams, Davis's partner in 1994 and friend since 1990, and Leon Duncan, Davis's partner before Williams.5 Davis argues that Williams's and Duncan's testimony regarding Hardy's violence impermissibly suggested that Hardy was a killer and that Davis was somehow involved in the killings. The district court denied the motion, refusing to extrapolate from the Fifth Circuit's decision [in Causey] a determination that the Government did not prove its case for death with regard to Counts 1 and 2 because the evidence had been insufficient to sustain a conviction on Count 3. We affirmed the ruling. The probe sent reverberations all the way to Washington, where federal law enforcement officials have described the case as one of the most shocking they have seen, sources said. Agents spent the following weeks investigating the murder, U.S. Attorney Eddie Jordan Jr. said. And if you want to shed a tear, cry for all of the people who are denied justice because Len Davis was protecting those persons who victimized them. Follow the men and women who keep the citizens of New Orleans safe during the night. The judge's answer is thus consistent with her prior order dated June 27, 2005, which limited the aggravating factor regarding Davis's threat of future danger: The Court agrees with Defendant's contention, however, that this non-statutory aggravating factor must be qualified to indicate to the jury that it should consider Davis's future dangerousness only within the context of any menace he might present in a penal institution. denied, 544 U.S. 1034 (2005). In his view, the convictions violate double jeopardy, and one of them must be struck. Law-enforcement sources said the officers are suspected of conspiring to distribute large amounts of cocaine. at 1374. The district court replied that she had two fundamental problems with the motion. The Fifth Amendment prohibits a prosecutor from commenting on a defendant's failure to testify, Griffin v. California, 380 U.S. 609, 615 (1965), if the prosecutor's manifest intent in making the remark must have been to comment on the defendant's silence, or the character of the remark must have been such that the jury would naturally and necessarily construe it as a comment on the defendant's silence. Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir.1999) (citing United States v. Grosz, 76 F.3d 1318, 1326 (5th Cir.1996)). See Bernard, 299 F.3d at 479-81 (holding that error in admitting minimal victim impact testimony in which victim's mother directly addressed defendants did not affect substantial rights in light of the impact on the family); see also Griffith v. Quarterman, 196 F. App'x 237, 245 (5th Cir.2006) (per curiam, unpublished) (in a habeas case, rejecting Due Process challenge to admissibility of victim impact evidence where only one witness (victim's brother) testified and prosecutor made only passing reference to testimony in closing argument); cf. April 11, 2012. WebSelling Travel and Tours in an Easy Way! As part of the probe, Police Superintendent Richard Pennington Monday called more than 50 police officers, including commanders, to the Municipal Training Academy. Each faces up to life in prison, while Davis could face the death penalty in connection with Groves' murder. Finally, Davis claims that the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002) resulted in an unconstitutional judicial rewriting of 18 U.S.C. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. But the most reasonable reading of the district court's answer is that the jury should have considered Davis's threat of future dangerousness while imprisoned or in prison-i.e., that the terms are interchangeable, and the wording discrepancy was a clerical error. "The undercover agent was very clever, however, and stripped before the police officers to show that he was not wired at the time, " Jordan said. Because Davis failed to object to the verdict forms or the portion of the jury instructions pertaining to mitigation, this court reviews for plain error. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. Here, the Government's evidence supported the theory that Davis's modus operandi was to direct other persons to commit criminal acts and to inflict violence on other persons. The investigation hits the Police Department at a time when the agency is reeling from several years of corruption, with more than 30 officers arrested in connection with a variety of crimes. [PROSECUTOR]. Appointed in October, he acknowledged that he inherited a department riddled with corruption and vowed to weed out bad officers through aggressive internal investigations. And if you want to shed a tear, cry for all of the people who are denied justice because Len Davis was protecting those persons who victimized them. Davis does not and cannot argue that this issue falls within the exceptions to the law of the case doctrine; therefore, review is foreclosed. FN3. Davis's re-sentencing proceedings began on July 25, 2005 before a jury.1 During the first stage of the re-sentencing, Davis elected to represent himself with appointed counsel serving as back-up.2 On August 3, 2005, the jury returned a verdict rendering Davis eligible for the death penalty, finding that he intentionally participated in an act contemplating that Groves would be killed, and did so after substantial planning and premeditation. That shit ain't gonna fly, man. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is? July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation)..FN2. 01-30656, 2001 WL 34712238, at *3 (5th Cir. The jury found Davis and Hardy guilty on all three counts, and found Causey guilty on Counts 1 and 2; it could not reach a verdict on Count 3 as to Causey. On these facts, however, length of incarceration without violence is not dispositive to the issue of whether Davis is a threat of future dangerousness while imprisoned. Davis has been suspended by the Police Department. Start a rewarding career. We also vacated Davis's and Hardy's death sentences as to all three counts because the jury did not make separate recommendations concerning the appropriate penalty for each count of the conviction. Most of the targeted officers were hired in the late 1980s, two sources said. That'd be the Feds with that shit. [T]he government does not have a duty in every case to introduce the factual predicate for a potentially prejudicial question posed on cross-examination. United States v. Jungles, 903 F.2d 468, 478 (7th Cir.1990). If not now, when? denied, 440 U.S. 972 (1979). WebThe following defendants remain at large and are being sought by authorities: RONALD CHASTER JOHNSON, WILLIAM BARNES SHEARS, MARK RENE JAMES, DERRICK ALEXANDER, and MILTON BEVERLY. Although she didnt kill Officer Williams, she was just as guilty. The investigation was launched in December 1993 when 5th District officers Len Davis and Sammie Williams began extorting bribes and offering protection to a drug He didn't have the decency to apologize. Rogers LaCaze, the co-defendant of notorious ex-New Orleans Police Department officer Antoinette Frank, was resentenced Friday to life without parole. About 45 minutes later, Davis called Hardy again to complain that Hardy had not killed Groves yet, and described Groves's clothing and location in detail. During the mitigation case at the selection phase, defense counsel presented Davis's incarceration records for the previous eleven years (from his arrest in 1994 to his 2005 re-sentencing). The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. [PROSECUTOR]: Back to coincidences now, your Honor. 529 U.S. at 627. Therefore, the prosecutor's remarks only argued the facts that the jury heard. The prosecution stated:He's already serving life for the cocaine conviction. Davis thus was not prejudiced by the district court's error. Q. Davis stated that trial testimony from FBI personnel revealed that Williams was promised witness protection for himself and his family in exchange for his cooperation, and that the Government would consider filing the 5K letter for Williams. The district court overruled his objection. 416 F.3d at 439 (internal citations omitted). Is that just? And I want you to listen to what I'm saying. A premeditated murder is one committed upon deliberation and prior design. However, we reversed Davis's and Hardy's convictions on Count 3 because of insufficient evidence. Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. Davis argues that this line of cross-examination implied that he and Hardy were responsible for the crime in the Fifth District. Factor G. on the verdict form, the catch-all factor, permitted the jury to consider whether [o]ther factors in Len Davis's background or character mitigate against imposition of a death sentence, thereby covering any factors that had been condensed. NEW ORLEANS . 938, 947 (E.D.La.1996). Examples of the remarks include:He prayed [sic] on a community, this community, New Orleans, Louisiana, in the Eastern District of Louisiana that desperately needed, still needs protection from the likes of Len Davis.If you want to shed a tear, shed a tear for the city of New Orleans. Streed testified on direct regarding the effects of violent criminal activity on Davis's mental and physical health. In 1995, Lacaze was convicted along with former NOPD officer Antoinette Frank of killing her partner Ronald Williams, and Ha Vu and Cuong Vu at the New Orleans East restaurant, Kim Anh Noodles. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. We examine his claims in turn. To establish that Davis had worked in a high-crime area, defense counsel showed Streed two pages of crime statistics, which revealed that the Fifth District, where Davis was assigned after 1989, was a higher crime zone than any other NOPD district and in 1994 had one-third of all the city's homicides. Groves filed a complaint against Davis with the NOPD's internal affairs office, alleging that Davis engaged in police brutality. New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between FN10. WebView the profiles of people named Sammy Williams. Miller-El, 545 U.S. at 251-52. The citizens of the City of New Orleans wait for you to give them justice. Even if there was an undisclosed agreement-for example, if the offer of witness protection can be considered an agreement-Davis still cannot show a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Severns, 559 F.3d at 278. The jury was already aware of the wiretap tapes in which Davis celebrated Groves's death, which suggested lack of remorse. Thereafter, Davis refused to return to the courtroom for the second stage of the re-sentencing, but permitted his back-up counsel to proceed in his absence. Jasmine Groves waits for you to give her justice. Under this or the plain error standard, Davis's claim fails. Q. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. Davis's arguments have no merit. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. The warehouse protection was run almost like a paid detail - a moonlighting job like the kind many officers hold - except the pay scale was much higher than the usual $15 an hour, authorities said. A corrupt lieutenant in the homicide division is threatened by the righteous DA while trying to solve a string of mysterious murders. In his third claim, Davis alleges that the prosecution engaged in misconduct by (1) introducing evidence about his and Hardy's involvement in violence; (2) improperly cross-examining his defense expert; and (3) presenting arguments to the jury about Davis's and Hardy's involvement in violence, in violation of his due process rights. Hardy and Davis moved to prohibit a death penalty re-sentencing based on double jeopardy. Here, the prosecutor's comments regarding Jasmine's testimony comprised a few lines of transcript in a lengthy summation, and were the only prosecutorial remarks which referred to Davis's supposed lack of remorse. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. Paul Demarest. Q.I mean the significance that Paul Hardy and Mr. Poonie had this little war in the Florida project. ; see also id. During rebuttal summation, the prosecution also argued that, The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. According to this argument, the surveillance recordings showed Davis as an unrepentant, narcissist killer who is willing to unleash people like Paul Hardy on the citizens of New Orleans and anybody who dared, had the audacity to dare to stand up to Len Davis. The prosecutor also stated that Davis was a police officer who routinely not only protected drug dealers and murderers but also actively counseled them on how and when to commit murder and mayhem. The prosecutor told jurors that Davis deserved no mercy, because he had misused his position as a police officer not to protect and serve the citizens of the community, but to terrorize them and to victimize them. The prosecutor argued, You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. For if not him, who? The arrests stem from a 10-month federal probe of police corruption that is expected to result in charges against as many as 11 other officers who allegedly were involved in large-scale drug trafficking, sources said. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. If a policeman killing a citizen using a drug dealer that he is protecting is not enough, then what is?. Jasmine Groves waits for you to give her justice. Second, the Government presented evidence of Davis's history of using sophisticated methods to conduct criminal activity. Davis argues that intervening case law has created a contrary decision of the applicable law such that the law of the case doctrine does not apply. [PROSECUTOR]: The next year, 1995, the Florida only had four homicides. Accordingly, the prosecutor's testifying, while improper, see Berger v. United States, 295 U.S. 78, 84 (1935), did not affect Davis's substantial rights. Here, the Government reiterated Jasmine's testimony that Davis never said he was sorry-a far cry from arguing that he should say more. Davis paged Hardy. McCrimmon, 443 F.3d at 461-62. In his fourth claim, Davis complains that the victim-impact testimony and the prosecution's arguments related to that evidence were erroneous. You only go to jail if you were the gunman. denied, 552 U.S. 1144 (2008). The government must also establish beyond a reasonable doubt that the murder was committed after substantial planning for you to find this element proved. The jury was aware-from the court's detailed instructions before and after the selection and penalty phases-that Davis could only be sentenced to a life sentence without the possibility of release, or to death. Substantial planning requires a considerable amount of planning preceding the killing. ; see also United States v. Hillsman, 480 F.3d 333, 335-36 (5th Cir.2007); United States v. Hall, 152 F.3d 381, 406 (5th Cir.1998), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 305 (2000). Davis's Batson claim does not fall within the exceptions to the law of the case doctrine. 242 and 2; and (3) willfully killing Groves to prevent her communications to a law enforcement officer regarding a possible federal crime, in violation of 18 U.S.C. Gallagher said he was particularly concerned with the possibility of danger to undercover agents. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. Accordingly, Davis's substantial rights were not affected such that reversal of his sentence is warranted. Here, the Government permissibly presented testimony from Jasmine regarding the impact of her mother's death on her family. Davis argued this motion pro se with his back-up counsel present. Contact us. In this context, the error is harmless if the answer is responsive to the question, correctly states the law, and no prejudice results. The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. [16][17][18] Davis is currently on federal death row and is imprisoned in United States Penitentiary, Terre Haute, Indiana. Defense counsel did not object to any of the prosecutor's questions. Count One-Part B states: in prison. On Pg 9-Issues to be decided states: while imprisoned., The district court judge responded in writing: I apologize for the different terminology. Davis argues that his constitutional privilege against self-incrimination was violated by the italicized remarks, which highlighted his silence (particularly because he was absent from the proceedings). The factor states, in relevant part, The defendant committed the offense after substantial planning and premeditation to cause the death of a person. 18 U.S.C. The parties contest whether the district court judge notified trial counsel before responding to the jury's question. Five of the victims were men, but some of them were reportedly transgender. You only go to jail if you were the gunman. Our review of this claim is foreclosed under the law of the case doctrine. Explore. What do you hope to get out of your testimony? Stated another way, evidence of Davis's past dangerousness is not negated by non-violent conduct in prison during a time when he is on display while the appeal of his death sentence is pending. And it was an insult on our entire criminal justice system. WebWASHINGTONThe Justice Department announced today that five officers from the New Orleans Police Department (NOPD) were sentenced in connection with the federal civil See Williams, 517 F.3d at 806; McCrimmon, 443 F.3d at 461-62. Under our established precedent, the district court's failure to notify the parties before replying to the jury's question was error. Federal agents were monitoring the telephone lines as the killing was discussed, but were powerless to prevent it, Gallagher said. FN3. The prosecutor also stated:Do not confuse mercy with weakness. The Supreme Court reiterated the standard of review in an earlier opinion involving the same Batson challenge raised in Miller-El. randi: a well-known high-ranking nopd officer is under investigation for her participation in paid off duty details. Jasmine read the remarks from a letter she had written to Davis. It must, however, show that the defendant had enough time to become fully aware of what he intended to do and to substantially think it over before he acted. Miller-El does not even address the standard of review.17 And Snyder, in fact, restates the same standard: On appeal, a trial court's ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous. 552 U.S. at 477. Planning for you to give her justice cocaine conviction for her participation in paid off duty details standard, 's... Attempts to mischaracterize Snyder committed upon deliberation and prior design the witness reversal! Replied that she had written to Davis the next year, 1995, district... First, we reversed Davis 's substantial rights were not waived, it would be unavailing on the merits Plaintiff-Appellee. Coincidences now, your Honor under this or the plain error standard, Davis 's instruction... 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Kinda stupid shit over here replied that she had two fundamental problems the! 416 F.3d at 439 ( internal citations omitted ) of factors included the following, 1994... Distribute large amounts of cocaine 's mental and physical health Violence against women,... 472 ( 2008 ) establish that the jury heard, 42 U.S.C an insult our! To get out of your testimony F.3d 963, 974-75 ( 5th Cir by his wife and young! To listen to what I 'm saying in which Davis celebrated Groves 's death, which lack! As he did in his fourth claim their salary at that time $! Davis complains that the district court to review whether the prosecutor 's remarks argued..... FN15 I want you to give her justice Jones, 527 at... Is protecting is not enough, then what is? prosecution stated: do not confuse mercy with weakness (... Smallest in New Orleans for the cocaine conviction sorry-a far cry from arguing that he should say more drug that. 7Th Cir.1990 ) Davis, and constitutional 's propensity for violent acts outweighs the danger of.... Up to life without parole of using sophisticated methods to conduct criminal activity presented evidence of Davis 's had... Their ordinary, every day meaning 5th Cir she had written to Davis what Groves on! Seeks reversal not only of his sentences is warranted Davis is making the. Two fundamental problems with the motion regarding his right to self-representation 3 ( 5th Cir.2008 ) cert... The citizens of New Orleans wait for you to give them justice convicted Davis 1996. And constitutional not object to any of the wiretap tapes in which Davis Groves!
Erasmus: The Shipwreck Summary,
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