Jones v. Head

Filing 112

ORDER denying 88 Motion for Hearing; finding as moot 93 Motion Requesting Ruling on Petitioner's Motion for Evidentiary Hearing ; granting 106 Motion for Leave to File Excess Pages. Signed by Judge William T. Moore, Jr on 5/25/17. (trb)

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%> £ • . • "• . , •; r - »t I IN THE UNITED STATES DISTRICT COURT FOlt"" THE SOUTHERN DISTRICT OF GE0RGIA'?ni7 WAYCROSS DIVISION Anhr^.S cir. ASHLEY LYNDOL JONES, Petitioner, V. CASE NO. CV502-116 BRUCE CHATMAN, Warden Georgia Diagnostic and Classification Center, Respondent. ORDER Before the Court is Petitioner's Renewed Motion for an Evidentiary Hearing. (Doc. 88.) For the following reasons. Petitioner's motion is DENIED. Motion Requesting Evidentiary Hearing Respondent's (Doc. 106) Ruling (Doc. Motion for on As a result. Respondent's Petitioner's 93) is Leave Motion DISMISSED to File for AS MOOT. Excess Pages is GRANTED. BACKGROUND I. FACTUAL HISTORY The facts of this case were set forth by the Supreme Court of Georgia. Jones the and his crime co-defendant, Allen Bunner, spree which led to the began death of Keith Holland on the night before the murder, when they stole four cases of beer from a convenience store in Ware County. The co-defendants fled in an automobile with three other companions, who were waiting for them outside the store. The group spent the remainder of the night driving aroimd aimlessly and drinking the stolen beer, until their car broke the others, down, • and Jones stating they were and Bunner going to left find a truck. The CO-defendants stole a Ford tiruck, belonging to Rudolph Melton, which was parked in front of Melton's residence. After driving around for several more hours in the stolen truck, they arrived at the home of the victim, Bunner knocked approximately Mamie for 5 on a.m. Holland's and assistance, truck's battery was dead. husband, asked on the Keith Holland. front door Holland's pretext at wife that and he went outside to assist Bunner. Holland was leaning over to compartment of the truck, the Mamie Holland woke her As look in the engine Jones strxick him in the head from behind with a sledge hammer. Mamie Holland witnessed the first blow from her dining room window and reacted by screaming for Jones to stop and by banging on the window. Jones turned and looked at her but continued to pound the victim, inflicting at least six blows to the head and face, all of which were potentially fatal. Prior to leaving in the victim's truck, Jones got out of the vehicle and hit the victim again, while workers he arrived defendants' was lying within on the minutes ground. after the EMS co- departure. Because of the injuries to the victim's face, EMS perform CPR or intubate workers were unable to the victim, and he died before reaching the hospital. Jones and Bunner drove to Florida in the victim's truck. They tossed Holland's personal belongings out of the tDTuck along the way, and pawned two chain saws belonging to Melton. Police learned of their whereabouts through telephone calls made by the co-defendants to a friend in Georgia, and they were arrested at a welcome station south of the Georgia-Florida line. The victim's truck, which Jones and Bunner had burned, the woods a short distance away. was foiand in Jones V. State, 267 Ga. 592, 592-93, 481 S.E.2d, 823-24 (1997). II. PROCEDURAL HISTORY Petitioner was 1993. Seven Court of days Ware arrested on the afternoon of March 31, later, Coionty, he was Georgia jnurder, armed robbery, property, for and theft by taking. He pled not guilty. (Doc. indicted malice interference 96, in (Doc. Superior murder, with 96, Attach. the felony government Attach. 1 at 14.) 2 at 133.) His jury trial began on June 8, 1995.^ (Doc. 24 at 13.) On June 10, 1995, at he was convicted of all charges. 133.) (Doc. Four days later, he was (Doc. 96, Attach. sentenced to 2 death. 24 at 13.) After a motion March for 10, a hearing, new 1997, the trial. the (Doc. Georgia convictions and sentences. S.E.2d 821 trial court denied Petitioner's 98, Attach. Supreme Jones v. Court State, 8 at 29.) affirmed 267 Ga. 592, On his 481 (1997). A petition for writ of certiorari to the United States Supreme Court was denied on November 3, Jones V. Georgia, 522 U.S. 953 1997. (1997). ^ Allen Bunner was arrested with Petitioner and charged as a co-defendant. He sentence of life conviction. was tried separately and received a without parole. He did not appeal his On February 5, 1998, the trial court signed an execution warrant and scheduled Petitioner's execution for the time period between February 24 (Doc. 99, Attach. 6 at 7.) In and March 3, response to 1998. the death warrant. Petitioner filed a state habeas corpus petition in the Superior Court of Butts County. (I^) The state habeas court conducted an evidentiary hearing on March 15, 1999 (Doc. 100, Attachs. 1-4; Doc. 101, Attachs. 1-5; Doc. 102, Attachs. amended, 1-3), and ultimately on January 7, 2000 denied (Doc, the petition, 103, Attach. 1) . as Further attempts to appeal were unavailing. After filing a 28 U.S.C. § 2254 petition in this Court (Doc. 5), Petitioner filed a Motion for Discovery seeking the opport\anity to depose his trial and sentencing jurors (Doc. 31). The Court addressed Petitioner's ultimately denied his motion, claims requesting an filed a Motion evidentiary for (Doc. an hearing 37.) Petitioner Evidentiary on similar Hearing claims those for which he had requested discovery. (Doc. Court Petitioner dismissed resiabmit his Petitioner's (Doc. 58) and that motion request. second ordered and ordered (Doc. 54.) motion the and concluding that many of his were procedurally defaulted. sxibsequently request for an parties The 50.) to The to Court denied evidentiary hearing to file supplemental

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