Richard Jordan v. Christopher Epps, Commissioner
756 F.3d 395
5th Cir.2014Background
- Marter abducted and murdered in January 1976; Jordan convicted of capital murder and sentenced to death four times across trials.
- Prosecutor Owen led first two trials; complex evidentiary battles on guilt, sentencing, and mitigation.
- 1983 sentencing included blood-spatter/motive evidence; jury sentenced to death despite prior relief and remands.
- In 1991, Jordan entered a plea agreement to life without parole (LWOP) in exchange for not challenging the sentence; agreement later found void by state court.
- Lanier v. State (1994) held LWOP sentencing agreement for pre-Lanier crime invalid; parties returned to pre-agreement positions.
- Legislature later amended statutes to authorize death, LWOP with or without parole for capital murder; remanded for re-sentencing in some cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prosecutor’s actions rise to prosecutorial vindictiveness | Jordan argues presumption of vindictiveness due to rejection of LWOP after Lanier. | Owen’s refusal to reinstate LWOP followed legal rights; no vindictive motive. | No presumption; no actual vindictive motive shown. |
| Whether trial counsel were ineffective for cross-examination and mitigation strategies | Counsel failed to rebut Melton and secure experts; prejudice to death penalty. | Record shows aggravating factors supported; prejudice not shown. | No reasonable probability the outcome would differ; claims denied. |
Key Cases Cited
- Blackledge v. Perry, 417 U.S. 21 (U.S. 1974) (presumption of vindictiveness when harsher charges follow appellate rights)
- Bordenkircher v. Hayes, 434 U.S. 357 (U.S. 1978) (threats in plea bargaining do not prove vindictiveness; enforceable threat may be legitimate)
- Deloney v. Estelle, 713 F.2d 1080 (5th Cir. 1983) (no vindictiveness where plea-bargain benefits withdrawn and trial proceeds)
- Goodwin v. United States, 457 U.S. 368 (U.S. 1982) (reinforces Blackledge principles on vindictiveness and prosecutorial motive)
- Saltzman, 537 F.3d 353 (5th Cir. 2008) (presumption framework for prosecutorial vindictiveness in post-conviction context)