Joseph Burns - Mississippi - 7/21/10

Started by Jeff1857, August 22, 2009, 02:57:52 AM

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Jeff1857

August 22, 2009, 02:57:52 AM Last Edit: June 23, 2010, 05:37:42 PM by Jeff1857
Burns was Denied a COA by the 5th Circuit in today's Orders/Opinions.

Facts of the Crime:

Was sentenced in Lee County in September 1996 for the November 1994 robbery and murder of motel clerk Mike McBride. Burns spent the stolen cash in a casino.

Opinion is here:

http://www.ca5.uscourts.gov/opinions/unpub/08/08-70037.0.wpd.pdf


Jeff1857

#1
April 16, 2010, 02:22:12 AM Last Edit: April 16, 2010, 02:28:24 AM by Jeff1857
 
JACKSON, Miss. (AP) The attorney general's office is asking the Mississippi Supreme Court to set an execution date on or before May 12 for a man convicted in the 1994 killing of a Tupelo motel manager.

Justices this week gave defense attorneys until April 22 to respond to the attorney general's request.

Joseph Daniel Burns was sentenced to death for the slaying of Floyd Melvin McBride at the Town House Motel. Prosecutors say Burns stabbed McBride while an accomplice opened the motel safe, then the two men then fled with money from the safe.

In 2001, the Supreme Court ordered a Lee County judge to hear arguments from Burns attacking how his defense was handled. The judge rejected Burns' post-conviction claims, and the Supreme Court upheld that decision in 2004.

http://www2.whlt.com/hlt/ap_exchange/mississippi_news/article/MissCourtAskedToSetExecutionDateForBurnsMs/130494/

Jeff1857

Execution date per Mississippi AG.

Anne

http://www.wreg.com/news/sns-ap-ms--missexecutions,0,132403.story

Defense attorneys say execution date request premature for Miss. death row inmate

By Associated Press

9:25 AM CDT, April 23, 2010
JACKSON, Miss. (AP) -- Death row inmate Joseph Daniel Burns has a federal appeal pending so the state's request for the setting of an execution date is premature, according documents filed with the Mississippi Supreme Court.

Attorney General Jim Hood has asked Mississippi court to set execution dates for Burns and two other inmates.

In Burns' case, Hood's office said attorneys for the inmate missed a deadline for filing a petition asking the U.S. Supreme Court to review his case.

However, the Mississippi Office of Capital Post-Conviction Counsel said, in documents filed this week with the Mississippi court, that Burns' attorneys have asked the U.S. Supreme Court to overlook the late filing and hear Burns' appeal.

U.S. Supreme Court records show the state has until May 20 to response to Burns' motion.








Anne

Jeff1857

AG withdraws request for inmate execution date


The Mississippi attorney general's office on Tuesday withdrew its request that the state Supreme Court reset the execution date for Joseph Daniel Burns.

Earlier this month, Hood asked the Mississippi court to set Burns' execution for May 12. After that request was filed, Burns filed an appeal of his case to the U.S. Supreme Court.

Burns was sentenced to death for the slaying of Floyd Melvin McBride at the Town House Motel. Prosecutors say Burns stabbed McBride while an accomplice opened the motel safe, then the two men then fled with money from the safe.

In 2001, the Supreme Court ordered a Lee County judge to hear arguments from Burns attacking how his defense was handled. The judge rejected Burns' post-conviction claims, and the Supreme Court upheld that decision in 2004.

(source: Associated Press)


Jacques

Dear Friend:

Please accept my apology for any inconvenience that I may cause you by writing this letter,but I am in need of your assistance.

My name is Joseph Burns. I am 31 years old with three beautiful daughters whom I love very much.

In a Mississippi court room in 1996,1 was wrongfully convicted of a capital murder of a 56 year old man in which I did not commit.

Reason being,like so many other defendants in Mississippi,I was unable to afford a private attorney to assist in my defense -so,a state appointed attorney was assigned to my case. Also, necessary experts that would have been vital in providing their expertise were not at my disposal. Additionally,my appointed attorney relied completely on the prosecution and the police department to provide testimony from only their expert witnesses during the trial leaving the prosecution's theory/case unchallenged resulting in the trial being presented as a one-sided sham.

Because I was unable to provide a proper defense to prove my innocence,I am now on Mississippi's Death Row where I have been place on a 5 year waiting list to be assigned another court appointed attorney to handle my case.

It has been 4 years that I have been incarcerated for a crime in which I did not commit. I am intent on proving my innocence and obtaining my freedom. This I cannot do sitting here on Death Row doing nothing for 5 more years waiting for another incompetent court appointed attorney to appeal my case. An experienced Death Row Appeals Attorney and a private investigator,experts to expose the real facts about my case are needed but these cost money. If I wait another 5 more years witnesses that need to be contacted may no longer be accessible and other exculpatory evidence that I need to prove my innocence may no longer be available.

I am appealing to you. I am not asking for thousands or hundreds of dollars from you,I am only asking for 'TWENTY DOLLARS' of your time - or whatever amount you may be willing to give in order to help in my endeavor for my freedom,which has been wrongfully taken.

Please help me to obtain the JUSTICE that I have been denied
and bring forth the 'TRUTH' THANK YOU!

Truly yours,   Jessica Burns

By helping please send to:               Jessica Burns
                                             P.O. Box 626
                                          Saltillo,Ms. 38866

Or Write Joseph Directly at:                Jo Jo Burns #42963
                                           Unit 32-C Bldg.
                                     Parchman, MS.  38738



He is so innocent ............ For a Tattoo (prison tear) it was enough!

Best

Jacques

"If you can't explain it to a six year old, you don't understand it yourself." Albert Einstein

v1976ra

Oh no, another innocent man on DR! What a grave injustice! I'm reaching for my wallet so I can send that 20 note he's asking for....   (When pigs fly in Hell!)  ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

vikkiw47

#7
May 04, 2010, 05:36:04 PM Last Edit: May 04, 2010, 05:55:03 PM by vikkiw47
ahhhhh shoot did not see he had gotten a stay
Justice is not about bringing back the dead. It is not about revenge either. Justice is about enforcing consequences for one's own actions to endorse personal responsibility. We cannot expect anyone to take responsibility for their own actions if these consequences are not enforced in full.

Jeff1857

Burns was Denied Cert in today's US Supreme Court's Orders/Opinions.

Jeff1857

Supreme Court denies petition of death row inmate


The U.S. Supreme Court has refused to hear the appeal of a Mississippi death row inmate, clearing the way for the attorney general's office to seek an execution.

Joseph Daniel Burns is 1 of at least 3 inmates that the attorney general's office says is on the short list of inmates next in line for execution.

The U.S. Supreme Court on Monday declined to hear Burn's appeal.

Burns was convicted and sentenced to death for the 1994 killing of a Tupelo motel manager.

Prosecutors say Floyd Melvin McBride was stabbed to death by Burns at the Town House Motel while an accomplice opened the motel safe. The 2 men then fled with money from the safe.

(source: Associated Press)


Jeff1857

#10
June 23, 2010, 05:36:38 PM Last Edit: June 23, 2010, 05:38:23 PM by Jeff1857
The Mississippi attorney general's office is asking the state Supreme Court to set a July 21 execution date for Joseph Daniel Burns.

The Monday court filing came hours after the U.S. Supreme Court declined to hear Burns' appeal.

Attorney General Jim Hood has said Burns is one of at least three Mississippi inmates who could be executed before the end of the year. One of the others is Frederick Bell.

The identity of the third inmate possibly to be executed is unclear. Hood's office said 11 Mississippi death penalty appeals are pending in the 5th U.S. Circuit Court of Appeals in New Orleans.

In his motion filed with the Mississippi court, Hood said the decision by the U.S. high court "brings to a conclusion the challenges by Burns in state and federal court to his sentence of death."

The Mississippi court has not set a date for Burns' attorneys to respond to the request.

Burns, now 42, was sentenced to death in Lee County in 1996. He was convicted in the 1994 robbery and murder of a motel clerk.

Prosecutors said Burns stabbed Floyd Melvin McBride to death at the Town House Motel while an accomplice opened the motel safe. The two men then fled with money from the safe.

The state of Mississippi executed two inmates on consecutive days in May, the first back-to-back executions in the state in nearly 50 years. Paul Everette Woodward was executed on May 19 and Gerald James Holland on May 20.

http://www.clarionledger.com/apps/pbcs.dll/article?AID=2010100621022

Anne

http://www.clarionledger.com/article/20100624/NEWS/6240345/Law-Enforcement-Briefs

Law Enforcement Briefs

June 24, 2010

Inmate given court deadline

Death row inmate Joseph Daniel Burns has until June 29 to respond to the attorney general's request to the Mississippi Supreme Court for the setting of an execution date.

In a motion filed Monday, the attorney general's office asked the court to set Burns' execution for July 21. The court later Monday gave Burns' attorneys a June 29 deadline to file a response.

The U.S. Supreme Court on Monday declined to hear Burns' appeal.

Burns, now 42, was sentenced to death in Lee County in 1996. He was convicted in the 1994 robbery and murder of a motel clerk.












Anne

Anne

http://www.clarionledger.com/article/20100701/NEWS/7010339/Court-deadline-missed-by-death-row-inmate

Court deadline missed by death row inmate

State wants convict's execution date to be July 21

Jimmie E. Gates jgates@clarionledger.com July 1, 2010

The deadline was missed for death row inmate Joseph Daniel Burns to respond to the state asking the Mississippi Supreme Court to set his execution for July 21.

The state Supreme Court wanted a response on behalf of Burns submitted by Tuesday at 5 p.m. regarding the state attorney general's office request for an execution date.

Glenn Swartzfager, director of the Office of Capital Post-Conviction Counsel, said late Wednesday that the deadline was intentionally missed.

"We are not throwing in the towel," Swartzfager said. "Sometimes you have to retreat to do something bigger."

Swartzfager said other paperwork will be filed to try to save Burns from execution. He said he wasn't at liberty to discuss the strategy, though he said a clemency request will be filed with the governor. Also, a request will be made to ask for a mental evaluation of Burns.

Burns was sentenced to death in 1996 for the Nov. 10, 1994, robbery-slaying of Tupelo motel manager Floyd Melvin McBride.

According to court records, Burns and Phillip Hale asked to stay a few days at the Town House Motel on Nov. 9, 1994. During their stay, McBride asked Burns and Hale if they wanted to help him count money. While they were counting the money, the two decided to rob McBride.

Hale testified he hit McBride and knocked him down and left the room to make sure nobody was coming.

When he returned, Burns was stabbing McBride in the back of the neck with a knife, a fork and a Phillips screwdriver.

Hale testified McBride kept repeating "why me" as he was being stabbed.










Anne

loulou.

and now he who sits on death row is bleating "why me"........

Elric of Melnibone

I wonder if anyone was stupid enough to send him the $20.00 he wanted???
You can lead an ass to water and if you fight long and hard, you can make it drink.  But at the end of the day, after all the fighting, it is still an ass.

Banned from PTO 3 times so far for life.

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