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Eley V. Erickson Case Summary

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Kindra Jones
United States v. Parral Dominguez
Advanced Topics in Criminal Law
August 24, 2015

Eley v. Erickson
Civil No. 3:CV-08-0090
United States District Court, M.D. Pennsylvania
Facts
On July 5, 2000, cab driver Angel DeJesus suffered multiple fatal gunshot wounds during a robbery while his taxi was parked at the intersection of Kittatinny and Hummel Streets in Harrisburg, Pennsylvania. DeJesus’s fiancé Vivian Martinez testified that he had purchased a pouch to keep in his taxi to hold his money, a couple of days before the murder. Martinez believed there was about $250.00 in DeJesus’s possession around 2:45 am on the day of the murder.
Guadalupe Fonseca testified that he observed three African-American men standing near …show more content…

The first two trials ended in mistrials. At the third trial, Eley was convicted of second-degree murder, 18 Pa. Con.Stat. § 2502 (b), robbery, § 3701, and conspiracy to commit robbery, § 903. He was acquitted of conspiracy to commit murder. He was sentenced to consecutive terms of imprisonment of life without parole for second-degree murder, seven to twenty years for robbery, and four to twenty years for conspiracy to commit robbery. On September 22, 2003, Eley’s convictions were affirmed by the Supreme Court, however, the cases were remanded for re-sentencing, due to the court erred by imposing consecutive sentences for robbery and second degree murder. Four months later the petition for allowance of appeal was denied and Eley was re-sentenced.
Between December 2004 and September 2007, there were two petitions filed by Eley on the basis of after discover evidence. All petitions were denied and Eley filed a petition for writ of habeas corpus in January 2008. The decision of the habeas petition by the U.S. Court of Appeals. The case was remanded and an order to the district court was made to have the Commonwealth retry the Eley within 120 days or dismiss the charges and release him from custody.
The U.S. Supreme Court affirmed and Eley was convicted of second-degree murder, robbery, and conspiracy. …show more content…

The defendant was convicted of second-degree murder, robbery and conspiracy. His co-defendant Erickson was also convicted.
• First trial ended in a mistrial with a deadlocked jury
• Second trial ended in a mistrial due to Eley’s name being mentioned during a reading of co-defendant’s confession which is a violation of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620, 20 L.Ed.2d 476 (1968)
• Eley made several appeals and filed several petitions where he challenged the legitimacy of his sentence
• Eley was not awarded a new trial by the Supreme Court
The Fourteenth Amendment has made the Sixth Amendment’s right to confrontation applicable to state court as well as federal court. The confrontation clause guarantees criminal defendants the opportunity to face the prosecution’s witnesses in the case against them and dispute the witnesses’ testimony (Find Law, n.d. 2015).

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