3-21-07-ORDER
NOT ADOPTING
66 Report and Recommendation.
Petr's obj. to this R&R are granted; the Court declines to
adopt or reject the Report & Recommendation of 12/20/04. Petr's
objections to this R&R are moot; The petition for H.C. is denied.
A cert. of appealability will issue on Grounds 2-4, but not on the
remaining claims. Petr. may proceed on appeal IFP. Signed by Judge
Sandra S Beckwith on 3/21/07. (mb, ) (Entered: 03/21/2007)
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1-30-2006-
OBJECTIONS TO THE MAGISTRATES SUPPLEMENTAL REPORT AND
RECOMMENDATION |
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1-19-2006
Magistrate Judge Hogans SUPPLEMENTAL REPORT AND
RECOMMENDATION |
12-21-05
-CHIEF JUDGE BECKWITH- This matter is before the Court on
Magistrate Judge Hogan’s Report and Recommendation of December
20, 2004 (Doc. No.
59) and Petitioner Vincent Doan’s Objections to the Report and
Recommendation (Doc. No. 61). For the reasons that follow,
Petitioner’s objections are SUSTAINED
IN PART; this matter is REMANDED
to the Magistrate Judge to conduct a limited de novo
review of the record and to provide a supplemental Report and
Recommendation. |
| 01/31/2005
OBJECTION to REPORT AND RECOMMENDATION by Petitioner
(Gatterdam, Kort) Additional attachment # 1 Objections (Part
II) added on 2/1/2005 (tt, ) (Entered: 01/31/2005) |
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12/20/2004 59 REPORT AND
RECOMMENDATION entered by Magistrate Judge Timothy S. Hogan
referring to Petition for Writ of Habeas Corpus |
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7-12-2004- Vince Doan files his federal appeal. |
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 Vince Doan's Appellate
Arguments
CLICK HERE
TO VIEW 12th APPELLATE OPINION
Billy Jo Brown:
Doan's first ground for relief alleges that the state suppressed
evidence that would have aided him in impeaching Billy Jo Brown's
testimony. 1) an affidavit of police officer Dan Nichols which
averred that Brown could not positively identify Doan when
presented with a photo array that included his picture. 2) Brown's
September 1st 1996 statement to Nichols, she states the man she
saw fighting with Culberson was wearing a ball hat, a t-shirt and
jeans, which conflicts Brown's trial testimony that the man she
saw fighting with Culberson was wearing a muscle shirt and shorts.
Lori Baker: Doan's second
ground for relief alleges the prosecution failed to disclose Lori
Baker's interview's with the prosecution in November 1996.
Lori
Baker told the prosecutor she did not see blood on Doan.
And an
investigative report from detective Brian Edwards which states
Lori denied that Doan had been to her house on the night of Culberson's disappearance.
Lori Baker: Doan's third
ground for relief alleges that the prosecution suppressed evidence
of a "promise, deal or bargain" reached with Lori Baker. A
memoranda written by detective Brian Edwards, law enforcement
officials told Lori she would not be prosecuted if she did not lie
to them, they were implicitly threatening to prosecute her if she
did not give them information they could use to prosecute Doan.
Mandy Bogan: Doan's fourth
ground for relief alleges the state failed to disclose a witness
statement from Mandy Bogan, one of Culberson's customers at the
nail salon where she worked. Bogan stated she heard Culberson say
she "ought to just leave everything behind and start over."
Detective Brian Edwards:
Doan's sixth ground for relief asserts the state failed to
disclose evidence of past disciplinary actions taken against
detective Edwards for lying to his supervisor and abusing sick
time.
Vicki Watkins: Doan's seventh
ground for relief argues the state failed to disclose that Vicki
Watkins had been hypnotized prior to trial to refresh or enhance
her recollection. The state also failed to disclose a voice stress
test that was done on Vicki, the results said she was not being
honest.
Mitchell Epperson: Doan's
eighth ground for relief alleges the state failed to disclose
evidence that could have been used to impeach Mitchell Epperson.
Doan presented the affidavit testimony of Epperson who stated that
an investigator from the prosecution's office "promised" him that
he would be paid $10,000 from a reward fund if he testified
against Doan and Doan was convicted. Doan also alleges that the
prosecutor failed to disclose that Epperson was released two
months early from his sentence for violating probation, due to his
cooperation in the prosecution of Doan.


''They have no
credible witnesses to say anything,'' Rion said of prosecutors.
''All the physical evidence points to his innocence.'' |