The Appeals

OCTOBER 29TH, 2008 AT 9AM- ORAL ARGUMENTS  before a three-judge panel of the Sixth Circuit in Cincinnati, Ohio.
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)
1-30-2006- OBJECTIONS TO THE MAGISTRATES SUPPLEMENTAL REPORT AND RECOMMENDATION
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)

 

12/20/2004 59 REPORT AND RECOMMENDATION entered by Magistrate Judge Timothy S. Hogan referring to Petition for Writ of Habeas Corpus
7-12-2004- Vince Doan files his federal appeal.  

 

 

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.

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