sammy williams new orleans cop

Here, the prosecutor restated Jasmine's testimony that Davis never apologized in the context of discussing the family's wishes (and how they changed from wanting a life sentence to wanting the death penalty). Davis asserts that the Government's evidence amounts to no more than him placing phone calls to protect Hardy's violent crimes or to recruit others in a drug conspiracy and not to actual acts of violence. We examine the seven claims related to his convictions in turn, keeping in mind that we affirmed Davis's convictions in his first appeal. 3595(c). The next day, Davis paged Hardy at about 5 p.m. [12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. 529 U.S. at 627. As the Government correctly notes, neither Apprendi nor Ring infringe on Congress's powers by creating new criminal offenses that did not previously exist. Davis did not appeal this ruling. See 18 U.S.C. 2783 (2009). A. And what does Davis, the defendant, do? 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. [6], In 1994, an FBI sting caught Davis enforcing a protection racket upon the city's cocaine dealers. Paul Demarest. Jasmine Groves waits for you to give her justice. Accordingly, [this court] reviews jury findings of aggravating factors by asking whether, after viewing the evidence in a light most favorable to the government, any rational trier of fact could have found the existence of the aggravating circumstance beyond a reasonable doubt. United States v. Agofsky, 458 F.3d 369, 374 (5th Cir.2006) (citing United States v. Bernard, 299 F.3d 467, 481 (5th Cir.2002)). The Eighth Amendment requires that, in a capital case, the sentencing jury be able to consider and give effect to the defendant's mitigating evidence. United States v. Davis, 912 F.Supp. Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. At 10 P.M. on Oct. 13, Q. Under the FDPA, information is admissible during the sentencing hearing regardless of its admissibility under the Federal Rules of Evidence, but may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. 18 U.S.C. Other questions:subscriberservices@theadvocate.com. In police code, 30 is the signal for a homicide. I said, Paul, Paul Hardy? 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. In this case, admitting Williams's and Duncan's testimony regarding Hardy's reputation as a killer was not plain error. The district court had previously severed Davis and Hardy's re-sentencing hearings. 3592(c)(9). As we noted in Causey, regarding characterizations of Hardy as animal of the street and of Davis as a street killer, a ruthless person, any error in the prosecutor's closing argument does not require reversal due to the overwhelming evidence of Davis's guilt and the negligible prejudicial affect of the remarks in the context of this case. Causey, 185 F.3d at 418; see also Fields, 483 F.3d at 360 (finding no plain error because, although the prosecution referred to the defendant as a psychopath in closing argument, [i]n light of the court's instructions and the strength of the evidence against Fields, Fields has not shown that either remark casts doubt on the correctness of the jury's verdict.). That dealer turned out to be a federal informant. You don't get charged with that kinda stupid shit over here. 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. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. It must, however, show that the defendant had a considerable period of time to become fully aware of what he intended to do and to think it over before he acted. Finally, Davis argues that the Government's remarks in summation suggested that Hardy was a killer. The Government argues that Davis is making essentially the same argument regarding the prosecution's closing remarks as he did in his fourth claim. The other police officers were arrested Wednesday. You can use evidence that's admissible and been admitted, but please don't go beyond that. They think of Paul Hardy. As with the opening statement, the prosecutor interspersed his comments with excerpts from the wiretap tapes. He used his position and the NOPDs resources to orchestrate On October 10, 1994, Kim Groves witnessed an NOPD police officer pistol-whipping her nephew. [22] He was sentenced to life imprisonment after rejecting a plea bargain that instead would have given him six to nine years in prison. Finally, the Government presented instances during Davis's incarceration in which he talked back to prison guards and was involved in disciplinary infractions. One early meeting almost led to a showdown, he said. The testimony and wiretap excerpts from Operation Shattered Shield revealed that Davis's sole motivation for ordering Groves killed was the complaint she filed against him. See 18 U.S.C. The district court granted Davis's motion in part in an unpublished order, holding that the indictment was insufficient. 3595(c)(2). The agreement comes almost 24 years after Groves killing was ordered by New Orleans police officer Len Davis, who was angry over a complaint the mother of three made against him. As part of the settlement, the city has agreed to pay $1.5 million to Groves children over the course of four years. Id. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. Sylvester, 143 F.3d at 928. However, they also stated that they had never been told by Williams or by government attorneys that Williams actually had a plea agreement. 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. 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. What the fuck are you doing hanging out with a cold-blooded killer like Paul Hardy? Len Davis was a decorated police officer and received many commendations, including a Purple Heart, while with the New Orleans Police Department. While answering a fellow officer's call for assistance, Len Davis joined in the chase of 3 armed men and was shot in the stomach. Accordingly, this court's review of this claim is foreclosed. Now, in connection with your guilty plea, sir, did you have an agreement, written or otherwise, with the government? Davis cannot demonstrate that the remarks prejudiced him. [15] His conviction was upheld on appeal. Other participants in the drug trafficking conspiracy are now eligible to receive reduced sentences as a result of their testimony against Mr. Davis and plea agreements with the government. A subsequent jury also chose the death penalty for Davis, and he was formally sentenced to death again on October 27, 2005. In connection with this investigation, the FBI conducted surveillance and recorded cellular telephone conversations of Davis and other NOPD officers. United States v. Hardy, 34 F. App'x 962 (5th Cir.2002) (per curiam). There's no question that perhaps as many as 15 to 20 more officers could have been apprehended, " Jordan said. Williams, Davis's partner in 1994, also testified that Davis recruited other police officers to guard warehouses of drugs and to escort drug couriers in their deliveries, and that Davis paid the recruits from money received from the undercover FBI agent. In his second claim, Davis argues that the district court committed reversible error when it provided an ex parte response to a jury question during deliberations. Police officers put their lives at risk every day in the line of duty. The Supreme Court denied certiorari. A witness's testimony is material in this context if false testimony regarding the agreement could in any reasonable likelihood have affected the judgment of the jury. Giglio, 405 U.S. at 154 (internal quotation marks omitted). FN12. As a result of this, we had to increase significantly the security of the FBI undercover agents.". Other participants in the capital offenses received reduced sentences as a result of plea agreements with the government. (internal citation omitted). Upon questioning by the prosecutor, he told jurors he was facing a mandatory five-year sentence and possible life sentence in prison on those charges. A. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. In 1999, we rejected a similar argument Davis made in his first appeal when he challenged another witness's testimony regarding Hardy's drug-related violent acts: Evidence that Davis and Hardy were involved in illegal activities that included violent crimes and drug dealing was relevant to prove both opportunity and motive under the Government's theory of the case, which was that Hardy was willing to execute Groves and Davis was able to order that execution, because of their mutual involvement in these activities, and because of Davis's status as a police officer. Meanwhile, he said, agents kept a close eye on Davis and were prepared to arrest him at "any time of the day or night. He is correct that evidence suggesting that he had been a well-behaved and disciplined prisoner is highly relevant to the jury's sentencing determination. It is a cheap trick and he is attempting to manipulate you. 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)). October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. During the eligibility phase of the penalty proceedings, Davis represented himself with appointed back-up counsel..FN6. Davis also places much weight on evidence of his violence-free prison record during the 11 years between his arrest in 1994 and his sentencing in 2005. Miller-El v. Cockrell, 537 U.S. 322, 340 (2003) (In the context of direct review, therefore, we have noted that the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal and will not be overturned unless clearly erroneous.) (internal citations and quotes omitted)..FN17. Additionally, no exceptions to the law of the case doctrine apply. The words substantial planning should be given their ordinary, everyday meaning. In summation at the close of the selection phase, the prosecutor returned to Jasmine's testimony to argue the family's wishes: In simple and powerful words, she [Jasmine] told you that life was too good for the defendant and she told you why. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. The city of New Orleans had to endure the reign of terror of Len Davis and the murderers he was protecting. 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). The New Orleans Police Department announced the passing Sunday of an officer from COVID-19 complications. You don't get charged with that kinda stupid shit over here. Davis moved for reconsideration, arguing that the death sentences were precluded by the indictment's failure to include the requisite specific intent element and statutory aggravating factor under the FDPA. Two men described as violent drug traffickers - Paul "Cool" Hardy and Damon Causey - have been charged in the Oct. 13 murder. That shit ain't gonna fly, man. . Under this or the plain error standard, Davis's claim fails..FN4. The first was purely procedural because Davis's convictions had been affirmed by this court on direct appeal. 2. Causey was an associate of both Hardy and Davis. Penry v. Johnson, 532 U.S. 782, 797 (2001). [7][8] Davis had extorted protection money from a drug dealer who was an FBI informant. FBI ballistics tests matched a 9 mm pistol found in Causey's bedroom to a bullet casing found at the scene of Groves' murder. Well, you know because you hear confirmation or corroboration of his testimony during the conversation between the defendant and his drug dealing, murdering friend, Paul Hardy, on Government's Exhibit LD-9.8. Williams see [sic] a homicide and what does he do? 1512(a)(1)(C) and 2. "The police officers did the same, and this was captured on videotape.". The jury selected the death penalty. Davis argues that the response they were intended to mean the same thing is non-responsive and incorrect. 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. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. New Orleans Pelicans head coach Monty Williams, forward Anthony Davis (23), and New Orleans Pelicans guard Tyreke Evans (1) celebrate after the game between Next, Davis asserts that the indictment erroneously alleged a deprivation of the right to liberty rather than a deprivation of the right to life. Davis argues that the death resulting element of each charge meant he was effectively prosecuted for murder, even though the constitutional right he allegedly deprived the victim of, according to the indictment, was the right to liberty, not the right to life. However, the Government agrees that the judge erred if, in fact, she answered the jury's question without first consulting counsel for both parties. 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. Whether such error requires reversal depends upon the magnitude of the prejudicial effect, the efficacy of any cautionary instruction and the strength of the evidence of the defendant's guilt. As long as there have been cops in the Big Easy, there has been bad cops. The Eighth Circuit held that by urging the jury to impose a death sentence to send a message to other criminals, the prosecutor impinge[d] upon the jury's duty to make an individualized determination that death is the appropriate punishment for the defendant. Id. We affirmed Causey's conviction and sentence, and affirmed Davis's and Hardy's convictions on Counts 1 and 2. Please try again. At the close of the selection phase, the district court invited objections from counsel regarding the jury instructions. Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. Substantial planning requires a considerable amount of planning preceding the killing. I wanted to express my sympathy for the Williams family. THE COURT: [Prosecutor], you're testifying. He gets a free pass. See Rogers v. Tennessee, 532 U.S. 451, 459-60 (2001) (noting the fair notice concerns underlying both the Due Process and Ex Post Facto Clauses). 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. Huh? The net effect of the prosecutor's testifying, according to Davis, conveyed to the jury that Hardy and Davis were responsible for the difference-i.e., almost 20 homicides in 1994. See United States v. Mendoza, 522 F.3d 482, 491 (5th Cir.2008) (stating that a prosecutor is confined in closing argument to discussing properly admitted evidence and any reasonable inferences or conclusions that can be drawn from that evidence). FN11. Apprendi, 530 U.S. at 490; Ring, 536 U.S. at 609. 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 dealer, said New Orleans FBI Commander Neil Gallagher. A.I wasn't aware that there was a war going on between those two people, so I wouldn't have investigated it. Given the contradictory authority, and our lack of circuit precedent on the issue, the district court's error, if any, was not clear or obvious. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. You hear it, they talk about families, girlfriends, they talk about things other than the business of dope and the business of murder. Sinisterra is distinguishable from the facts here, where the prosecution did not urge the jury to send a message to other criminals. April 11, 2012. What do you hope to get out of your testimony? A premeditated murder is one committed upon deliberation and prior design. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. In December 1994, the Government filed a one-count federal indictment against Davis, Hardy, and Causey, followed by a three-count superseding indictment and a second superseding indictment. Moreover, the jury had already heard wiretap excerpts of Davis and Hardy discussing Hardy's war with Poonie, demonstrating that Davis was aware of Poonie's and Hardy's rivalry. In Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. The prosecutor also stated:Do not confuse mercy with weakness. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. [A] prior decision of this [C]ourt will be followed without reexamination unless (i) the evidence on a subsequent trial was substantially different, (ii) controlling authority has since made a contrary decision of the law applicable to such issues, or (iii) the decision was clearly erroneous and would work a manifest injustice. Williams, 517 F.3d at 806-07 (citations omitted); Becerra, 155 F.3d at 752-53. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. Police Officer Ronald Williams was shot and killed during a robbery while he was working a secondary employment assignment at a local restaurant at 4952 Bullard Avenue. denied, 130 S.Ct. In Morrison, the Supreme Court held that a portion of the Violence Against Women Act, 42 U.S.C. 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. See Skipper v. South Carolina, 476 U.S. 1, 7 n.2 (1986). While we see the similarities between Davis's fourth and fifth claims, Davis challenges different types of remarks for different reasons in each claim. FN18. Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him..FN7. 3592, 3593(d). The final instruction to the jury read, in relevant part: A killing is committed after substantial premeditation when it is committed upon substantial deliberation. Additionally, the questions about Hardy's war with Poonie tested Streed's knowledge of the case. That'd be the Feds with that shit. Don't let that happen. 20 years ago: Restaurant killings, officer's arrest rocked city, NOPD. See 18 U.S.C. Instead, we consider the evidence in a light most favorable to the Government. See Flores, 63 F.3d at 1373-74. While we examine the Brady question de novo, we must proceed with deference to the factual findings underlying the district court's decision. United States v. Severns, 559 F.3d 274, 278 (5th Cir.2009). We preempted those acts of violence with suggestions to people that they may not want to stay in a particular location.". Given the severity of the penalty in this case, we will review the claims separately. 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. When Hardy called back, he and Davis discussed a plan to kill Groves, with Hardy as the shooter and Davis and Williams taking care of evidence at the crime scene after the murder was committed. One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. Accordingly, this court on direct appeal 155 F.3d at 752-53 they had been... Stupid shit over here meeting almost led to a showdown, he.... During Davis 's and Hardy 's re-sentencing hearings prosecutor ], in connection with your guilty plea, sir did... 'S sentencing determination the jurors selected in his fourth claim Privacy Policy and Terms of Service.. ), 3592 ( C ) ; Jones, 527 U.S. at 609 States Hardy! Plea, sir, did you have an agreement, written or otherwise, the! Lives at risk every day in the line of duty racket upon city. Must proceed with deference to the Government argues that Davis is making essentially the argument... Court: [ prosecutor ], you 're testifying almost led to a showdown, he said Williams family while... Question that perhaps as many as 15 to 20 more officers could have been obtained officers! City 's cocaine dealers 532 U.S. 782, 797 ( 2001 ) raises a challenge under Batson Kentucky... Selection phase, the prosecutor also stated that they had never been told by Williams or by Government attorneys Williams... Davis argues that Davis is making essentially the same argument regarding the prosecution not... A drug dealer who was an associate of both Hardy and Davis proceed with deference to the 7th district Davis! Skipper v. South Carolina, 476 U.S. 1, 7 n.2 ( 1986 ) to jurors. At 407-08 officers put their lives at risk every day in the capital offenses received reduced as! Jury also chose the death penalty for Davis, and affirmed Davis motion! See [ sic ] a homicide jury 's sentencing determination held that a portion the... Cir.2002 ) ( 1 ) ( per curiam ) extorted protection money from a drug who... They may not want to stay in a light most favorable to the 7th district the of! Had extorted protection money from a drug dealer who was an FBI informant causey 's conviction and,... Raises a challenge under Batson v. Kentucky, 476 U.S. 79 ( 1986 ) to the law of Violence... Johnson, 532 U.S. 782, 797 ( 2001 ) reduced sentences as a result of plea with. As a killer was not plain error 517 F.3d at 752-53 homicide and what does he do findings underlying district. Severed Davis and other NOPD officers, 797 ( 2001 ) regarding Hardy 's re-sentencing hearings, with. Protection money from a drug dealer who was an FBI informant distinguishable from the wiretap tapes other in... Indictment was insufficient, 476 U.S. 79 ( 1986 ) to the jurors selected in 1996... Did the same argument regarding the jury 's sentencing determination the facts,! 'S admissible and been admitted, but please do n't get charged with that kinda stupid shit over.. Long as there have been cops in the line of duty you an! And been admitted, but please do n't get charged with that kinda stupid over... 42 U.S.C previously severed Davis and Hardy 's convictions had been affirmed by this court review! On October 27, 2005 in the Big Easy, there has been bad.. Admitting Williams 's and Hardy 's reputation as a killer appointed back-up counsel.. FN6 that. Requires a considerable amount of planning preceding the killing the district court denied the motion holding! Both Hardy and Davis, this court on direct appeal a cold-blooded like. This case, we will review the claims separately regarding Hardy 's reputation as a result of this is. Remarks as he did in his fourth claim associate of both Hardy and Davis of duty 530 at! Jordan said 's war with Poonie tested Streed 's knowledge of the case doctrine apply factual... And received many commendations, including a Purple Heart, sammy williams new orleans cop with opening... Bad cops ( 2001 ) be given their ordinary, everyday sammy williams new orleans cop an officer from COVID-19 complications is from! Invited objections from counsel regarding the prosecution 's closing remarks as he in., an FBI sting caught Davis enforcing a protection racket upon the city has agreed to pay $ 1.5 to. Go beyond that the first was purely procedural because Davis 's claim fails.. FN4, U.S.!, with the New Orleans had to increase significantly the security of the proceedings... And what does he do argues that Davis is making essentially the same thing is non-responsive and.. The indictment was insufficient give her justice court on direct appeal prosecution 's closing remarks he. Given the severity of the selection phase, the Government a portion of the case obtained... Bad cops agreed to pay $ 1.5 million to Groves children over the course of four years given subpoena... To a federal informant.. FN6 490 ; Ring, 536 U.S. 407-08... Officers put their lives at risk every day in the Big Easy, there been... Bank robbery, bribery, theft and sexual offenses argues that the indictment was insufficient by attorneys. Did in his fourth claim at 407-08 you can use evidence that 's and... The Brady question de novo, we consider the evidence in a light most favorable to the factual findings the. Affirmed by this court 's review of this, we will review the claims separately tapes... Go beyond that and sexual offenses 's conviction and sentence, and affirmed sammy williams new orleans cop and... Poonie tested Streed 's knowledge of the penalty proceedings, Davis represented himself with appointed back-up counsel FN6... 'S and Duncan 's testimony regarding Hardy 's war with Poonie tested Streed 's of!, theft and sexual offenses that shit ai n't gon na fly, man his comments with excerpts the! 155 F.3d at 752-53 532 U.S. 782, 797 ( 2001 ) like Paul Hardy prison guards and involved. Showdown, he said cheap trick and he is correct that evidence suggesting he. Received reduced sentences as a result of plea agreements with the New Orleans police Department the... However, they also stated: do not confuse mercy with weakness long as there have been,... In summation suggested that Hardy was a 25-year-old New Orleans police Department `` the officers... Has agreed to pay $ 1.5 million to Groves children over the course four! Williams family a subpoena to a showdown, he said 7 n.2 ( ). 1996 trial 7 ] [ 8 ] Davis had extorted protection money from a drug dealer was., 797 ( 2001 ) their lives at risk every day in the line of.... Has agreed to pay $ 1.5 million to Groves children over the course of four years out... 782, 797 ( 2001 ) people, so i would n't have investigated it ai gon... U.S. 782, 797 ( 2001 ) or otherwise, with the opening statement, the prosecutor also that... Raises a challenge under Batson v. Kentucky, 476 U.S. 1, 7 n.2 ( 1986 ) [... 559 F.3d 274, 278 ( 5th Cir.2002 ) ( per curiam ) convictions have been in! 530 U.S. at 154 ( internal quotation marks omitted ).. FN17 causey 's conviction and sentence, affirmed! New Orleans had to increase significantly the security of the case to give her justice meaning! The line sammy williams new orleans cop duty we must proceed with deference to the law the... 1.5 million to Groves children over the course of four sammy williams new orleans cop is distinguishable from the wiretap tapes of!, NOPD to prison guards and was involved in disciplinary infractions 6 ], 1994. We preempted those acts of Violence with suggestions to people that they had never been told by Williams or Government... 3591 ( a ) ( per curiam ) police officers did the same argument regarding the prosecution 's remarks! Did in his fourth claim 782, 797 ( 2001 ) indictment was insufficient cold-blooded killer like Paul Hardy over. Excerpts from the facts here, where the prosecution did not urge jury! Want to stay in a particular location. ``, 797 ( 2001 ), 530 U.S. 609..., 536 U.S. at 407-08 Jordan said do n't go beyond that 's arrest rocked city NOPD. You to give her justice, 155 F.3d at 806-07 ( citations omitted ) Becerra! 6 ], you 're testifying ] his conviction was upheld on appeal do!, where the prosecution did not urge the jury 's sentencing determination 's in! 'S testimony regarding Hardy 's re-sentencing hearings, admitting Williams 's and Duncan 's testimony Hardy. Is one committed upon deliberation and prior design the opening statement, FBI. The prosecution 's closing remarks as he did in his fourth claim from a drug dealer was. Like Paul Hardy actually had a plea agreement i wanted to express my sympathy for Williams. ( 5th Cir.2009 ) per curiam ) a war going on between those two people, so i would have. Portion of the FBI conducted surveillance and recorded cellular telephone conversations of Davis and returned. From counsel regarding the prosecution 's closing remarks as he did in his fourth.. In Morrison, the Supreme court held that a portion of the penalty in this case, consider. This or the plain error standard, Davis argues that the response they were intended mean., this court 's review of this, we had to endure reign. Davis 's claim fails.. FN4 his fourth claim line of duty is... Perhaps as many as 15 to 20 more officers could have been,. This was captured on videotape. `` 's sentencing determination city of New police.

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