Scribd Logo
Upload

Welcome to Scribd!

  • 14 views

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit denying Verna Monks' application for a certificate of appealability and dismissing her appeal. Monks had pled guilty to two counts of second degree murder and was originally sentenced to two concurrent terms of 10 years to life imprisonment. After successfully challenging the validity of those sentences, Monks was resentenced by a different judge to two consecutive life sentences based on evidence of the seriousness of her crimes and other criminal conduct. The Court of Appeals denied Monks' challenge to the harsher sentences, finding that no presumption of vindictiveness arises when a different judge imposes the second sentence and provides a logical, non-vindictive

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    14 views3 pages
    This document is an order from the United States Court of Appeals for the Tenth Circuit denying Verna Monks' application for a certificate of appealability and dismissing her appeal. Monks had pled guilty to two counts of second degree murder and was originally sentenced to two concurrent terms of 10 years to life imprisonment. After successfully challenging the validity of those sentences, Monks was resentenced by a different judge to two consecutive life sentences based on evidence of the seriousness of her crimes and other criminal conduct. The Court of Appeals denied Monks' challenge to the harsher sentences, finding that no presumption of vindictiveness arises when a different judge imposes the second sentence and provides a logical, non-vindictive

    Original Description:

    Filed: 1998-07-23 Precedential Status: Non-Precedential Docket: 97-6417

    Original Title

    Monks v. Massie, 10th Cir. (1998)

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is an order from the United States Court of Appeals for the Tenth Circuit denying Verna Monks' application for a certificate of appealability and dismissing her appeal. Monks had pled guilty to two counts of second degree murder and was originally sentenced to two concurrent terms of 10 years to life imprisonment. After successfully challenging the validity of those sentences, Monks was resentenced by a different judge to two consecutive life sentences based on evidence of the seriousness of her crimes and other criminal conduct. The Court of Appeals denied Monks' challenge to the harsher sentences, finding that no presumption of vindictiveness arises when a different judge imposes the second sentence and provides a logical, non-vindictive

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    14 views3 pages

    Filed: Patrick Fisher

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit denying Verna Monks' application for a certificate of appealability and dismissing her appeal. Monks had pled guilty to two counts of second degree murder and was originally sentenced to two concurrent terms of 10 years to life imprisonment. After successfully challenging the validity of those sentences, Monks was resentenced by a different judge to two consecutive life sentences based on evidence of the seriousness of her crimes and other criminal conduct. The Court of Appeals denied Monks' challenge to the harsher sentences, finding that no presumption of vindictiveness arises when a different judge imposes the second sentence and provides a logical, non-vindictive

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    You are on page 1of 3

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    JUL 23 1998

    PATRICK FISHER
    Clerk

    VERNA MONKS, a/k/a Verna


    Stafford,
    Petitioner-Appellant,
    v.
    NEVILLE MASSIE,

    No. 97-6417
    (D.C. No. CIV-97-645-A)
    (W.D. Okla.)

    Respondent-Appellee.

    ORDER AND JUDGMENT *

    Before BALDOCK, EBEL, and MURPHY, Circuit Judges.

    Appellant, Verna Monks, appeals the district courts denial of her petition
    for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. 1 Before
    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    After examining appellants brief and the appellate record, this panel has
    determined unanimously to grant appellants request for a decision on the brief
    without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case
    is therefore ordered submitted without oral argument.
    1

    proceeding on appeal, Monks must obtain a certificate of appealability from this


    court, which requires a substantial showing of the denial of a constitutional
    right. 28 U.S.C. 2253(c)(2).
    Monks pled guilty to two counts of second degree murder and was given
    two concurrent indeterminate sentences of ten years to life imprisonment. After
    successfully challenging the validity of those sentences, Monks was resentenced
    by a different judge, who imposed two consecutive life sentences based upon
    evidence developed at the second sentencing hearing of the grievous and
    outrageous nature of the crimes for which she was convicted and other criminal
    conduct. Monks challenges the harsher sentences on the ground of judicial
    vindictiveness. A presumption of vindictiveness will not arise when, as here,
    a different judge imposes the second sentence and provides an on-the-record,
    wholly logical, nonvindictive reason for the sentence. Macomber v. Hannigan,
    15 F.3d 155, 156 (10th Cir. 1994) (quotation omitted). Absent a presumption of
    vindictiveness, Monks bears the burden of demonstrating actual vindictiveness,
    see id. at 157, which she has failed to do.

    -2-

    Therefore, Monks application for a certificate of appealability is DENIED,


    and the appeal is DISMISSED.
    Entered for the Court

    David M. Ebel
    Circuit Judge

    -3-

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy