In yet another decision on a habeas petition there is reference to “Ninja-type” clothing involved in the underlying criminal activity. In this case the Court denies and dismisses with prejudice the petition of John Robert Tory, “convicted by a jury in Knox County, Tennessee, of first-degree felony murder and especially aggravated robbery; he was sentenced to consecutive prison terms of life and 22 years, respectively.”
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
2006 U.S. Dist. LEXIS 16484
Decided March 14, 2006
The opinion by Judge Leon Jordan quotes the facts from the Tennessee Court of Criminal Appeals (the direct appeal), including:
A search warrant was obtained for the defendant’s residence and was executed while the defendant was present. During the search, police found and seized three sets of “black Ninja-type clothing,” including two hoods, a tee-shirt and other items of clothing, nine millimeter and .38 caliber ammunition, and a sawed-off shotgun.
The defendant was taken into custody and, after being advised of his constitutional rights and signing a waiver of same, he was questioned at some length.
The reason they went to the house was to rob the victim. Defendant and his two associates wore black Ninja-type hoods and the defendant was armed with a nine millimeter semi-automatic pistol.