Tyler v. Anderson

In1983, Leach was shot to death in the van from which he sold produce in Cleveland. Tyler and Head were indicted for aggravated murder and aggravated robbery. Head pled guilty to both and the death-penalty specification was dismissed. Tyler was twice convicted of aggravated murder. At both trials, Head testified against Tyler. After the second trial, the asked: If one group of jurors is positive that the aggravating factors outweigh the mitigating factors and wishes to recommend the death penalty, but the remaining jurors are just as positive that the mitigating factors are strong enough not to recommend the death penalty—and neither group is willing to change that decision, what is the proper procedure…. The court urged them to reach a decision, referring to time and expense. Tyler was again sentenced to death. Ohio courts affirmed. In 1999, Tyler sought habeas corpus under 28 U.S.C. 2254, with 64 claims, including that the prosecution failed to disclose that Head received sentencing consideration for testifying and was threatened with adverse consequences at the second trial if he did not testify. Another claim argued that the court improperly charged the jury. Head invoked the privilege against self-incrimination; the prosecutor refused to extend immunity. The district court denied a motion to compel and rejected the petition. In 2002, Tyler sent a letter to his habeas counsel, stating that the court failed to address the improper jury instruction. Tyler requested that counsel alert the court to its omission and reiterated the request twice. In 2013 he moved for relief from the judgment pursuant to FRCP 60(b)(6), asserting counsel’s inexcusable neglect. The district court denied the motion. The Sixth circuit affirmed.View "Tyler v. Anderson" on Justia Law