CLICK HERE FOR FULL TEXT |
SAMUEL FIELDS,
Petitioner-Appellant,
v.
SCOTT JORDAN, Warden,
Respondent-Appellee. |
No. 17-5065 |
Appeal from the United States District Court for the Eastern District of Kentucky at Pikeville.
No. 7:15-cv-00038—Karen K. Caldwell, District Judge.
Argued: May 18, 2022
Decided and Filed: December 1, 2022
Before: BATCHELDER, MOORE, and DONALD, Circuit Judges.
_________________________
OPINION
_________________________
BERNICE BOUIE DONALD, Circuit Judge. This case stems from the nearly thirty-year-old murder of Bess Horton. The commonwealth’s theory of prosecution was that Samuel
Fields broke into Horton’s residence through a storm window, brutally murdered her in the
bedroom, and started burglarizing the residence shortly before law enforcement arrived at the
scene. To test the plausibility of the commonwealth’s theory, the jury conducted an experiment
using a flat-tipped knife submitted into evidence to remove a cabinet door in the jury room (in
place of the storm window). Satisfied with the outcome of their experiment, the jurors convicted
Fields of intentional murder and sentenced him to death. Fields now seeks a federal writ of
habeas corpus, arguing in part that the jury improperly considered extrinsic evidence in violation
of the Fifth and Sixth Amendments. For the following reasons, we REVERSE the district
court’s judgment and CONDITIONALLY GRANT a writ of habeas corpus, unless the
commonwealth retries Fields within six months. |
CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GEORGE HARRISON,
Defendant-Appellant. |
No. 21-6146 |
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:19-cr-00143-1—Karen K. Caldwell, District Judge.
Decided and Filed: December 1, 2022
Before: SUTTON, Chief Judge; COLE and THAPAR, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. George Harrison was convicted of drug and firearms offenses
after an informant filmed him selling methamphetamine. He now challenges his conviction and
sentence. We affirm. |
|