Archives for posts with tag: criminal

This habeas petitioner was conviction by court-martial of murder with a Ninjatō sword and sentenced to life in prison. The federal courts here affirm the military court judgement.

ninja to sword

CURTIS A. GIBBS, Petitioner,
v.
J. E. THOMAS, Respondent.

1:07-cv-01563-SKO-HC

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

2010 U.S. Dist. LEXIS 122152

Decided November 15, 2010, filed November 18, 2010.

Opinion by US Magistrate Judge Sheila K. Oberto:

In the brief there are set forth “[u]ncontested [f]acts” pertinent to the charge, which concerned the premeditated murder of Mrs. Brenda Salomon on August 18, 1989. (Id. at 17.) Petitioner confessed to the killing, revealing that while at the Shipwreck Lounge, he encountered Salomon and then left the lounge. When Petitioner entered his truck, Salomon, who was very drunk, tapped on the window and asked Petitioner to take her out to get something to eat. Petitioner agreed and bought Salomon some fast food. When Salomon passed out several times and failed to tell Petitioner where she lived, Petitioner stopped at a telephone booth and told her to get out of his truck and call someone to come to pick her up. When she called him names, slapped him, and failed to leave the truck, he drove into a wooded area, stopped, and ordered her out of the truck. A physical altercation ensued, and Petitioner pulled Salomon out of the truck. When Salomon removed her shorts, taunted Petitioner, and attacked him as he tried to enter his truck, Petitioner became enraged, hit her repeatedly, retrieved his “Ninja To” sword from the truck, and struck Salomon so hard that the sword’s handle detached from its blade. (Id. at 18, 21-23.) The blow severed her spinal cord and vertical arteries. (Id.)

Petitioner returned to the lounge after retrieving the sword and throwing Salomon’s things out of the truck, and stayed there until closing time. The body was discovered in a wooded area on the Camp Lejeune Marine Corps base, and multiple items of corroborating evidence were found. (Id. at 17-18.)

Petitioner prosecuted as a court martial under military law, impacting this Court’s jurisdiction and scope of review:

In the present case, Petitioner acknowledges that his case was reviewed by both the Navy-Marine Corps of Military Review and the United States Court of Military Appeals. (Pet. 2.)

All of the petitioner’s claims here for habeas relief are denied, some are not ripe because of non-exhausted administrative remedies, regarding alleged prosecutorial misconduct denied because the military court had already looked into it, and no jurisdiction to review military discharge.

This case opinion was affirmed by the Ninth Circuit in January 2012, memorandum opinion before Judges Leavy, Tallman and Callahan.

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.”

JOHN ROBERT TORY, Petitioner,
v.
HOWARD CARLTON, Warden, Respondent.

No. 3:05-cv-169
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.

And:

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.

This 1996 appeal of bank robbery conviction was affirmed with mention of ninja masks

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DARIN AUSTIN, a/k/a DARNELL WIGGINS, a/k/a “D BABY”; DAVID CLEMENTS; and JASON JARVIS, Defendants-Appellants.
Nos. 94-4220, 94-4238, and 94-4278
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
81 F.3d 161

Filed- March 11, 1996

The Court writes:

Police recovered three firearms, and two black “ninja-type” ski masks from Austin’s room.

The Court also notes that the defendants watched the movie “Point Break” as “instructional” to develop their “modus operandi”.

point break movie

Finding no errors, the appeals court affirmed the conviction and sentences of all the defendants.