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A neighbor, Sonji Hill, was standing in her doorway, calling the police, when Barnette ran by.
Barnette saw her making the call, and from 50 feet away, he pointed the shotgun at her and told her to hang the phone up or he would shoot her.
After Barnette's arrest, the United States asserted jurisdiction over the case and indicted him on 11 counts stemming from the murders and firebombing. In Witherspoon, the Court held that a death sentence would be invalid if the jury that found it had been chosen by excluding veniremen for cause who voiced general, conscientious, or religious objections to the death penalty.
The government served its notice of consideration for the death penalty on August 7, 1997, and the guilt phase of the trial began on January 21, 1998.
Laughrun, II, Goodman, Carr, Nixon, Laughrun & Levine, Charlotte, North Carolina, for Appellant. Conrad, Jr., Assistant United States Attorney, Thomas G. § 2119(3); and use of a firearm while violating the Interstate Domestic Violence Act that results in death, 18 U. The break-up was not amicable, however, and Barnette continued to attempt to resume their relationship.
Barnette presents 11 grounds for appeal before this court, alleging errors in the guilt and sentencing phases of the trial. Barnette then left the apartment they shared in Roanoke and returned to Charlotte, North Carolina, where he lived in his mother's house.
Miss Williams had been living with her mother since the firebombing incident. Williams' house, Barnette went into the backyard and cut the home's telephone wires.
He then attempted to enter the home though the side kitchen door, but after finding that it was locked, he fired the shotgun into the door and kicked it in. Williams was inside the house holding her eight-month-old grand-daughter when Barnette entered the house. Williams told Miss Williams to run, and Miss Williams ran out the front door. Williams, and followed Miss Williams out the front door, chasing her across the street.
Barnette then forced Allen to walk at gunpoint to a drainage ditch across the road. After a three-week trial in January 1998, the jury found Barnette guilty of murdering both Allen and Miss Williams, and following a separate sentencing trial, the jury recommended the death sentence for those crimes, which the court imposed. A little over a year later, their relationship soured, and Miss Williams broke up with Barnette in April 1996. A Batson challenge consists of three steps: (1) the defendant must make out a prima facie case that the peremptory challenge was based on purposeful discrimination, (2) the burden shifts to the government to produce a race neutral explanation for the peremptory challenge that is particular to the parties' case at hand, and (3) the trial court then has the duty of deciding whether the defendant has carried his burden and proved purposeful discrimination. The two moved in together in Roanoke, Virginia in March 1995. He told Miss Williams that he planned on killing her and himself. Williams came out of the house as they returned, and Miss Williams broke free from Barnette and went with her mother toward the house. He fired the first shot from 10 to 12 feet away, hitting Miss Williams in the side. The second shot, fired from four to five feet away, hit her in the back. Williams was close enough to her daughter to touch her. Barnette left the scene of the murder in Allen's car, driving to Knoxville, Tennessee where he stole new license plates for the car. Instead, the Court adopted the standard that the government could not challenge the juror for cause unless his views on capital punishment “would prevent or substantially impair the performance of his duties as a juror in accordance with his oath.” Witt, 469 U.
Barnette fled the scene after Greene fired shots at him, and Miss Williams and Greene escaped the flames by jumping out of a rear window. Under these circumstances, we believe that a conclusion that Bell's ability to perform his duties was substantially impaired was justified and that the court's decision to exclude Bell was not clearly erroneous or an abuse of discretion. Barnette also claims error in the district court's decision to allow the government to use a peremptory challenge to exclude a black juror, Stephany Jones, claiming the government excluded Miss Jones because of her race in violation of Batson v.