United States v. Gabrion, No. 02-1570 (6th Cir. 2011)
Annotate this CaseAfter the Sixth Circuit held that a murder in the Manistee National Forest fell within federal subject matter jurisdiction, defendant was convicted, sentenced to death, and appealed pursuant to 18 U.S.C. 3595. The Sixth Circuit affirmed the finding of guilt but reversed the sentence. Among the findings: There was not reasonable cause to order a competency hearing; defendant retained his memory and sought to create the appearance of idiocy and loss of memory. The jury should have considered Michigan's abolition of the death penalty and the location of the body, close to the border of federal land, as factors mitigating against the death penalty. Defendant was entitled to a reasonable doubt instruction as to weighing aggravating and mitigating factors. Given defendant's disruptive behavior, the court properly denied his request to represent himself and properly denied motions to withdraw and for mistrial after defendant physically assaulted his attorney. Defendant's rights were not violated by conferences between the judge and defense counsel outside his presence. There was no reversible error in failure to disclose a report by the Department of Justice, concluding that an attorney temporarily involved in pre-trial proceedings violated federal regulations by making improper comments about the case. In determining "future dangerousness" the court did not err in admitting information concerning unadjudicated acts committed by defendant.
This opinion or order relates to an opinion or order originally issued on March 14, 2008.
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