He claims the prosecutor improperly commented on his right to remain silent, mocked the defense theory, impermissibly vouched for the credibility of state's witnesses and attempted to unduly inflame the passions of the jury against him and defense counsel. It has 39 trial court locations[2] and appellate courts in at least Fairbanks and Anchorage. During their approximately 15 minute phone conversation, Juror # 2 told Mr. DeHaven that the jury had found Mr. Matthews guilty and indicated how long the jury deliberated. Search Bath County recorded land records through a paid subscription. When reviewing the totality of the circumstances, including both allegations included in the affidavit and those which Matthews contends should have been included in the affidavit, there is no doubt but that upon being fully informed, the magistrate would still have had a substantial basis for concluding that probable cause existed. That the OCCA did not cite Jackson is of no moment; state courts need not refer to, or even be aware of, controlling Supreme Court cases, so long as neither the reasoning nor the result of the state-court decision contradicts them. Early v. Packer, 537 U.S. 3, 8, 123 S.Ct. At Jeffrey Matthews 1999 trial, the jury handed down a guilty verdict in the early hours of Saturday 10 April. During the State's examination of Dyer at Appellant's trial, Dyer was asked about the agreement he had made with the State in order to receive the State's recommendation that he be sentenced to life imprisonment. 2 and DeHaven, the alternate. Get Driving Records from 5 DMVs in Payne County, OK.Cushing Tag Agency 109 West Broadway Street Cushing, OK 74023 918-225-3344 Directions. Shortly before the lethal drugs began flowing at 6:04 p.m., Matthews looked at his family members and said with a smile: I think that governor's phone is broke. at 1035 n. 8. We can hardly say that the strategic decision made by Mr. Matthews's counsel to keep this information from the jury was professionally deficient. Live news, investigations, opinion, photos and video by the journalists of The New York Times from more than 150 countries around the world. In November, 1861, Confederate Col. Douglas H. Cooper led a Confederate force against the Union supporters with the purpose of either compelling their submission or driving them out of the country. Court Update Information. denied, 534 U.S. 1004, 122 S.Ct. Matthews was represented by two seasoned lawyers, who were familiar with the content of the preliminary hearing transcript. Therefore, this claim is denied. Section 581 provides: Lexington-Fayette Urban County Council Clerk. Dyer, in a voluntary statement, named Matthews as a co-perpetrator of the burglary/ murder. NRHP-listed (refnum 72000841). Mrs. Short also told police that the man who stabbed her made a telephone call from the kitchen just prior to leaving. The gang was assisted by Dalton's lover Eugenia Moore, known by her aliases "Tom King" and "Miss Mundays." Because Matthews has failed to provide any compelling reason for this Court to revisit its prior decisions, this claim is denied. Fourth, Mr. Matthews argues that his counsel was ineffective for failing to call as witnesses several of Mr. Dyer's fellow inmates. If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by, any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon, until the case is finally submitted to them. Under the circumstances, the decision was sound trial strategy and one we will not second-guess on appeal. During the Civil War, Perryville served as an important supply depot for Confederate forces until the Union Army captured and burned the town. Perkins Tag Agency 222 North Main Street Perkins, OK 74059 405-547-2184 Directions. "Urban Development {19011945) Accessed May 5, 2011. VINE is the nations leading victim notification system, empowering survivors of crime with the updated custody status and criminal case information they need to remain safe and maintain peace of mind. FILE Vice Chair Liz Cheney, R-Wyo., speaks as the House select committee investigating the Jan. 6 attack on the U.S. Capitol, holds a hearing on Capitol It became defunct after the Missouri, Kansas and Texas Railway (MK&T) bypassed it in 1872, and the remaining inhabitants moved to McAlester. Despite the court's instruction, later on Saturday, April 10, Juror # 2 called a discharged alternate juror, James DeHaven. (O.R.2389-90) Search Union County recorded land documents with paid subscription. App. Search Kenton County recorded land records through a paid subscription. You can bank on it. Matthews, 45 P.3d at 918-19. County courthouses. FN16 Such testimony, he argues, would have refuted the testimony of her husband, Robert, who claimed he saw Matthews at a gas station in Wayne around 10:00 a.m. the morning of the murder paying for his gas with a wad of twenties and shaking so badly the clerk had to take the money from his hand. On March 17, 1891 the Tulare County Grand Jury indicted brothers Bob, Emmett, Grat, and Bill Dalton for the Alila robbery. You can search for offenders on the Missouri Department of Corrections website. 2348, 147 L.Ed.2d 435 (2000), and Ring v. Arizona, 536 U.S. 584, 588, 122 S.Ct. My prayers are with the Short family and I am hopeful that justice being carried out on behalf of the victims today will help bring closure and healing, Pruitt said. At the guilt phase, the only errors we have identified are the prosecutor's questionable remarks; we do not think that, when put together, these remarks rendered the trial fundamentally unfair. Thereafter the jury was released until Monday, April 12th with the admonition not to discuss the case with anyone. NewsOn6.com is your leading source for information in Tulsa, delivering local news, breaking news, weather, sports and video. The State timely filed a Burks notice that correctly specified that the evidence of other crimes the State intended to offer against Matthews was admissible under the identity and common scheme or plan exceptions to the general prohibition against admission of other crimes evidence. It is included in the Downtown Greensburg Historic District. Both remembered Juror No. Appellant's statement was made to Agent Williams. Greek Revival, Late Victorian, NRHP-listed in 1975. At the March 4, 1999 hearing, the prosecutor conceded that Paragraph Four could not be used to determine if the affidavit provided sufficient facts to establish probable cause, but argued though the affidavit was one of the poorest excuses for an affidavit that he had seen in his lengthy career, it was legally sufficient. Date of Conviction: 07-11-97 2, or any other juror, knew of the content of any newspaper articles and more specifically that Matthews had been previously sentenced to death for Short's murder. Matthews was convicted and sentenced to death for the January 1994 murder of 77-year-old Otis Earl Short during a robbery of Shorts home in Rosedale. At trial, Mr. Dyer testified against Mr. Matthews, implicating him as Mr. Dyer's accomplice in the crime. Appellant said that the $300.00 found in his freezer was the money he was supposed to use to make the drug buy. The jury was instructed on fourteen specific mitigating circumstances that were supported by the evidence.FN18 By contrast, the jury found two of the three alleged aggravating circumstances, both fully supported by the evidence as explained above.FN19 See Propositions XI and XII, supra. Now a museum. See Coleman v. Thompson, 501 U.S. 722, 753-54, 111 S.Ct. NRHP-listed (refnum 74000611). Rather, it extends to and includes all declarations made and collateral acts done incident to and growing out of the common design when spoken or done by a co-conspirator as against all of his co-conspirators. They tied their horses in an alley across from the banks, and walked across, dividing into two groups before entering the Condon National Bank and First National Bank. Accordingly, the Court held that document alone could not support the independent judgment of a disinterested magistrate. Id. After the jury reconvened and sentenced Mr. Matthews to death, Mr. Matthews made a motion for a new trial in light of Juror # 2's contact with Mr. DeHaven. In its ruling the trial court stated, If the warrant stands, the coveralls would have been inevitably discovered as mere evidence in plain view during execution of the search warrant under Nix v. Williams, 467 U.S. 431, 104 S.Ct. Matthews v. State, 45 P.3d 907 (Okla.Crim. (O.R.2223). LUMPKIN, P.J., JOHNSON, V.P.J., CHAPEL and LILE, JJ., CONCUR. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. When Mrs. Short walked into the living room, Dyer grabbed her from behind and put his hand over her mouth. They were known for robbing banks, stagecoaches and trains, primarily in Kansas and Oklahoma Territory, quickly attracting pursuit by lawmen. Here the Santa Fe had found out about the Daltons plans and attempted to set up a trap for the gang filling the train with heavily armed officers. Federal courthouses in Utah are listed here. The man's wife survived. OHP: Adair 6-year-old drowns in floodwaters Local / 21 hours ago. And, the jury was free to disbelieve Mrs. Short on account of those putative inconsistencies. 18, App. Our extensive county jail inmate search. CF-94-19. [10] Over 800 people were admitted to local hospitals with injuries, and an estimated 1000 Black people were left homeless as 35 city blocks, composed of 1,256 residences, were destroyed by fire. There Dyer admitted that he and Jeffrey Matthews, a great-nephew of Earl and Minnie Short, went to the house to look for money they thought was hidden there. In Oklahoma Territory, Bob and Emmett began carefully planning their robberies. FILE Vice Chair Liz Cheney, R-Wyo., speaks as the House select committee investigating the Jan. 6 attack on the U.S. Capitol, holds a hearing on Capitol In the early 20th century, Tulsa was home to the "Black Wall Street", one of the most prosperous Black communities in the United States at the time. at 2328; see also Malicoat v. Mullin, 426 F.3d 1241, 1250 (10th Cir.2005). When they got back to Tracy's trailer John walked off and Appellant went with Tracy into the trailer. Prop 30 is supported by a coalition including CalFire Firefighters, the American Lung Association, environmental organizations, electrical workers and businesses that want to improve Californias air quality by fighting and preventing wildfires and reducing air pollution from vehicles. He specifically complains of Bryan Curry's testimony that Curry had driven Matthews and Dyer to the Shorts the month before Earl Short's murder where they burglarized the Shorts' storm cellar. Federal courthouses in District of Columbia are listed here. The prospective jurors complained of are Stephen McLaughlin, Gary Weaver, Kenneth Batt, Gregory Herbster and James DeHaven. Recorder, Clerk, Marriage Licenses, Voter Information and Delinquent Tax Properties Adair County Clerk 424 Public Square, Suite 3, Columbia, KY 42728 Phone (270)384-2801 Fax (270)384-4805 See, e.g., Young, 551 F.3d at 968 (moral culpability not reduced by defendant's good deeds performed during ministry, the blow of losing both a brother and a son to sickle cell anemia, and responding to emotional distress by falling into alcoholism). In this circumstance, we do not apply the procedural default rules. Pick the perfect hotel deal & save! He claims questioning in voir dire established that each of these prospective jurors possessed an actual bias FN11 necessitating dismissal for cause. County leaders believed that its coal production compared favorably with Pittsburgh, Pennsylvania at the time of statehood. Indeed, we have found excluded evidence substantially more novel and powerful than this insufficient to suggest a reasonable probability of a different outcome in death penalty cases. Background: Petitioner sought federal habeas relief from his state conviction for first-degree murder. His eyes remained open as his face turned ashen. Neither may we. In 1999, an Oklahoma state jury convicted Jeffrey Matthews of murdering his great-uncle and sentenced him to death. Search Taylor County recorded documents, including deeds, mortgages, wills, article of incorporation, marriages, fixture filings, oil and gas leases, and miscellaneous documents. Dyer blamed Matthews for the attacks on the Shorts. denied, 532 U.S. 1039, 121 S.Ct. at 200; and that the prosecution wanted the jury to render its verdict based on liars and people that got deals and people that have motives to lie and protect themselves, id. Our own cases teach that the dispositive legal inquiry is whether the language used [by the prosecutor] was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the defendant's right to remain silent. Battenfield v. Gibson, 236 F.3d 1215, 1225 (10th Cir.2001) (alteration in original) (internal quotation marks omitted). Bob and Emmett had borrowed money and supplies from their brothers, Cole and Lit; they crossed the Mojave Desert. Was immediately commandeered to serve as a hospital following the, Built during 194043. 1710, 123 L.Ed.2d 353 (1993), and so ask whether Juror # 2's improper communication had a substantial and injurious effect or influence in determining the jury's verdict. Id. Families in Collin County cases also addressed Chemirmir. 1676, 1688, 95 L.Ed.2d 127 (1987); Enmund v. Florida, 458 U.S. 782, 801, 102 S.Ct. 1149, 130 L.Ed.2d 1107 (1995). Juror #2 told him of the verdict, and the length of the deliberations, to which he responded that the jury had done the right thing and added that articles in the newspapers supported a finding of guilt. 88.3% spoke English, 8.1% Spanish, and 0.4% Vietnamese as their first language.[19][20]. Id. It also showed a common plan to steal all of the Shorts' money they believed the Shorts kept at their residence. 1038. 2052. Statements made by an accused subsequent to an illegal arrest are potentially fruit of the poisonous tree and should be suppressed unless the making of such statements was sufficiently an act of free will to purge the primary taint of the unlawful invasion. Wong Sun v. United States, 371 U.S. 471, 486, 83 S.Ct. Second stage is a separate proceeding solely to determine punishment and it is not error to allow the jury to separate after its verdict in the first stage of a bifurcated proceeding prior to the submission of any evidence in the second stage. Therefore, under section 2606(B), parties may only question former jurors to determine if improper and prejudicial information was revealed to the jury or any outside influence was improperly brought to bear upon any juror. Federal courthouses in Mississippi are listed here. The difficulty with this suggestion is that the defense itself made no appeal to residual doubt in the penalty phase; in fact, defense counsel expressly disclaimed any such argument and emphasized that the defense respected the jury's verdict on the question of guilt. After the State concluded its direct examination, the defense approached the bench and asked the court if they questioned Dyer about the pill bottle and guns whether they would open the door to having the State read Dyer's prior testimony concerning the crime. In his eighteenth proposition, Matthews asks this Court to reconsider its decisions upholding the constitutionality of the Oklahoma death penalty scheme and procedure. At the close of evidence, the jury found Matthews guilty and sentenced him to death. 422 U.S. at 603-04, 95 S.Ct. Search Trimble County recorded land documents with paid subscription. The same conclusion pertains to Grady Slay. Jeffrey David Matthews, Appellant, was re-tried by jury in the District Court of Cleveland County, Case No. Matthews cites to several comments that he contends exceeded the bounds of proper prosecutorial advocacy. Hello, and welcome to Protocol Entertainment, your guide to the business of the gaming and media industries. Federal courthouses in Alabama are listed here. [9], District court operates at many locations.[10]. (1) juror's misconduct did not warrant habeas relief; Currently 36 U.S. counties have dual county seats; Louisiana has parishes and parish seats rather than counties Dyer alleged that he had lied at the trial because he had been beaten in jail and threatened by guards with further violence or death if he did not cooperate in the case against Matthews. On June 1, 1892, the gang robbed the Santa Fe train at Red Rock, Oklahoma securing about $50,000. Live news, investigations, opinion, photos and video by the journalists of The New York Times from more than 150 countries around the world. A hearing was held on this motion in March of 1996. [7], The next battle occurred December 9, 1861. Bryant was nicknamed because of a gunpowder burn on one cheek. Second, Matthews complains that defense counsel should have called Michael and Grady Slay as defense witnesses. FN9. Federal courthouses in Nebraska are listed here. The Atlantic and Pacific Railroad had extended its main line in Indian Territory from Vinita to Tulsa in 1883, where it stopped on the east side of the Arkansas River. Matthews was then re-tried. 853, 122 L.Ed.2d 203 (1993); accord Romano v. Gibson, 239 F.3d 1156, 1164 (10th Cir.2001). Convictions: Murder In The First Degree - Death (07-21-97); Robbery With A Dangerous Weapon - Life The government contends that most of these claims were procedurally defaulted because (with one exception) Mr. Matthews did not object to the prosecutor's statements at trial. Which music streaming service is the least expensive? However, the Old U.S. Customshouse and Post Office and Fireproof Storage Company Warehouse, in Louisville, Kentucky, also served as a Federal district courthouse. Located in northeastern Indiana, the city is 18 miles (29 km) west of the Ohio border and 50 miles (80 km) south of the Michigan border. While it is of course well settled that a prosecutor may not comment on the defendant's exercise of his or her Fifth Amendment liberty, Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. In reliance upon this bulletin, a Laramie patrolman arrested Whiteley and his companion. The jury also found Matthews guilty of each non-capital felony after former conviction of two felonies and recommended one hundred years imprisonment on Count II, fifty years imprisonment on Count III and twenty years imprisonment on Count IV. Rushen v. Spain, 464 U.S. 114, 120, 104 S.Ct. The first clash, known as the Battle of Round Mountain, occurred November 19, 1861. Because the OCCA applied the Jackson standard in deciding Mr. Matthews's sufficiency claim on direct review,FN2 our task is limited by AEDPA to inquiring whether the OCCA's application of Jackson was unreasonable. Now a museum. These facilities and inmates are supervised and managed by local law enforcement (police and Sheriffs). The United States District Court for the Eastern District of Oklahoma is the federal district court with For its part, the district court concluded it was barred from reaching the merits of this claim by Stone v. Powell, 428 U.S. 465, 96 S.Ct. As discussed in Propositions XIII and XVI, supra, we reject the claim the death penalty is unconstitutional and constitutes cruel and unusual punishment and that Matthews' death sentence violates Enmund/Tison. 2527, 156 L.Ed.2d 471 (2003). County courthouses in New Mexico are listed here. Consequently, Matthews maintains there was no probable cause to issue the warrant and relief is required. At trial, the State introduced evidence that Mr. Matthews's neighbor, Ted Mize, discovered the guns nearly six months after Mr. Matthews was taken into custody. 1, Vol. Performance is deficient if it falls below an objective standard of reasonableness measured under prevailing professional norms and considered in light of the circumstances. VINE is the nations leading victim notification system, empowering survivors of crime with the updated custody status and criminal case information they need to remain safe and maintain peace of mind. It makes no sense to deny a defendant instructions requiring that the accomplice's testimony be corroborated. Search Campbell County recorded lands records through a paid subscription. On January 27, 1994, at around six o'clock in the morning, Minnie Short was awakened by a noise in her home in McClain County, Oklahoma. Eventually they ending up at the Dalton home near Kingfisher, Oklahoma. On direct appeal, the OCCA applied Strickland to Mr. Matthews's claims of ineffective assistance and rejected them. This list of museums in Kentucky is a list of museums, defined for this context as institutions (including nonprofit organizations, government entities, and private businesses) that collect and care for objects of cultural, artistic, scientific, or historical interest and make their collections or related exhibits available for public viewing.. The Oklahoma Court of Criminal Appeals today set Jan. 11 as the execution date for Cleveland County death row inmate Jeffrey David Matthews on the same day a federal appellate court denied Matthews challenge of the states lethal injection process. Abundant other evidence linked Mr. Matthews to the crime. The trial court declined to so instruct. Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. How much is a $1.9B Powerball win really worth? I hear you banging., Matthews said he left final notes to his family as well as the family of the victim, but he never directly addressed 10 of the victim's family members who also witnessed the execution. No other executions are scheduled in the state. He hadnt called yet.. Classical Revival. denied, 532 U.S. 1055, 121 S.Ct. Marshal out of Fort Smith, Arkansas. OKLAHOMA CITY (Reuters) - Oklahoma put to death on Tuesday a man convicted of murder whose execution date was put off several times, once by a debate over the drugs to be administered in the lethal injection. Counsel maintained that if Juror No. [2] The county was formed from part of the Choctaw Nation in Indian Territory in 1907. She told the paramedics that she had been cut and her husband had been shot. The Oklahoma State Bureau of Investigation could not match the fingerprints to any other alleged suspect, according to an Aug. 9 letter to the state Pardon and Parole Board from Assistant Attorney General Seth Branham. The Information contained the following language: Grat meanwhile continued to work at Fort Smith. Get Criminal Records & Warrants from 6 Police Departments in Grundy County, IL. Other circumstantial evidence sufficiently corroborated Dyer's first statement and connected Matthews to the crimes. See Fry, 127 S.Ct. This testimony, Mr. Matthews claims, establishes that the guns were planted a few days prior to their discovery by Mr. Mize and long after Mr. Matthews was taken into custody. Finally, Mr. Matthews claims that the OCCA's application of Jackson was unreasonable because the prosecution did not introduce blood, DNA, or fingerprint evidence, or eyewitness testimony. A passing ambulance came to her aid, and police were notified of the attack. Its county seat is McAlester. Search Ohio County recorded land records through a paid subscription. Id. To reverse, we must conclude that the OCCA's decision on this score was not merely wrong but unreasonable. See Dockins v. Hines, 374 F.3d 935, 940 (10th Cir.2004). Location: Oklahoma State Penitentiary, Mcalester The jury began its first stage deliberations around 4:30 p.m. on Friday, April 9, 1999, and reached a verdict early Saturday morning around 2:00 a.m. Eventually stockmen organized to capture them, and the Daltons fled the Nation. The intruder cut Mrs. Short's throat, but still she remained conscious. 2, Vol. Although Appellant was apprised of his Miranda rights and signed a document acknowledging this, it is clear from the record that he was hesitant to talk. Bill was in a separate cell and, in the morning he was found playing a guitar, joking about how the boys had left him. 11.0% of the population were Hispanic or Latino of any race (8.8% Mexican). Recorder, Clerk, Marriage Licenses, Voter Information and Delinquent Tax Properties Adair County Clerk 424 Public Square, Suite 3, Columbia, KY 42728 Phone (270)384-2801 Fax (270)384-4805 The trial court allowed defense counsel to make a record that he should be allowed to inquire further of Juror No. Failure to prove either of the required elements is fatal to Matthews' entire claim. Its county seat is Poteau. Choose from thousands of hotel discounts & cheap hotel rooms. [13], The Arkansas River drains most of the county. The well was on the property of Sue A. With respect to the first degree murder charge, the jury also found the existence of two aggravating circumstances: (1) Mr. Matthews's action caused a great risk of death to more than one person, and (2) he committed the offense while under custodial supervision. They were later joined by Bill Doolin, Dick Broadwell, Bill Powers, and Charley Pierce. Search Muhlenberg County recorded land records through a paid subscription. Hrg.06/28/99 at 77. Mr. Matthews rightly notes that the Supreme Court has held that a prosecutor's vouching for the credibility of witnesses poses the danger that evidence not presented to the jury, but known to the prosecutor, supports the charges against the defendant, as well as the risk that the jury will trust the Government's judgment rather than its own view of the evidence. Young, 470 U.S. at 18-19, 105 S.Ct. This allegation while technically correct, is not so as a matter of practicality. at 1035. Oral argument was held February 5, 2002. It also provided a safer and more convenient way to bring workers from Tulsa to the oil field after the 1901 discovery of oil in Red Fork. Fry, 127 S.Ct. Search Hardin County recorded land records by name, document type or date range. Search Mason County recorded land records through a paid subscription. Notable current and former county courthouses include: Federal courthouses in Arkansas are listed here. Matthews' Petition in Error was filed in this Court on November 1, 1999. Bland (ne Davis), located near the community of Red Fork. We further find no error that warrants reversal or modification. County courthouses in Texas are partially listed here. Its county seat is McAlester. No exigent circumstances were presented for the routine felony arrest effected in the present case. Oklahoma Canadian County Comanche County Creek County Mayes County Oklahoma County Pottawatomie County Rogers County Tulsa County Wagoner County Oregon Pennsylvania Erie County Greene County South Carolina After careful review, we affirm. The county was formed from part of the Choctaw Nation in Indian Territory in 1907. Appellant filed a Motion for a Change of Venue which was granted. NRHP-listed (refnum 08000878). (Tue, Jan 11 2011). Pittsburg County comprises the McAlester, OK Micropolitan Statistical Area. 2009). Third, Mr. Matthews points to testimony given by Mike Slay, arguing that it establishes he had an alibi precluding any rational trier of fact from finding him guilty. We likewise do not see how it is reasonably likely that jurors would have changed their view that aggravating evidence outweighed mitigating evidence based on this single additional fact. Pieces of evidence must be viewed not in isolation but in conjunction, and we must affirm the conviction so long as, from the inferences reasonably drawn from the record as a whole, the jury might fairly have concluded the defendant was guilty beyond a reasonable doubt. County courthouses in Missouri are listed here. Carter, Sandi and Marlene Clark. While exercising plain error review, the OCCA held that none of the challenged comments was in fact error at all. After the intruders left, Mrs. Short walked down a nearby road to seek help. The three drove to a residence near Byars to buy drugs but no one was home. Mr. Matthews offers several facts that, he thinks, demonstrate the absence of sufficient evidence to support his conviction even under these deferential standards: (1) Tracy Dyer's testimony that Mr. Matthews was not involved in the break-in and murder; (2) inconsistencies surrounding the discovery of the murder weapon; (3) alibi testimony from Mike Slay that Mr. Matthews was not at the Shorts' residence at the time of the crimes; (4) inconsistencies in Mrs. Short's testimony; and (5) the lack of blood, DNA, and fingerprint evidence as well as no eyewitness testimony placing Mr. Matthews at the Short residence at the time of the murder. Juror No. With respect to the first degree murder charge, the jury also found the existence of two aggravating circumstances: (1) Matthews's action caused a great risk of death to more than one person, and (2) he committed the offense while under custodial supervision.
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