Judge Tosses Appeal in Dylan Groene Case

A federal judge has thrown out a death penalty appeals filed on behalf of convicted killer Joseph Edward Duncan III after ruling that Duncan understands the consequences of dropping the appeal. The routine appeal was filed last week by Duncan's legal team which assisted him as he acted as his own attorney.

Duncan, 45, was given three death penalty sentences and three life terms in August in the federal case.

"You've been unequivocal in your desire that you do not want an appeal in this matter," U.S. District Judge Edward Lodge told Duncan. Judge Lodge reminded Duncan that he has only until Nov. 28 to change his mind about the appeal.

A federal jury voted for the death penalty after Duncan pleaded guilty to the kidnapping, sexual abuse and torture of 9-year-old Dylan Groene and his 8-year-old sister Shasta, and the murder of Dylan.

Will Attorneys Appeal Again?

When his attorneys filed the death penalty appeal last week, Duncan immediately sent a note to the judge saying it was done against his will.

Duncan's defense team, led by Judy Clarke, also argued that prosecutors had given Duncan favors and gifts, such as milkshakes and family photos, after his conviction to get him to not file an appeal. Judge Lodge rejected that claim also.

Duncan's attorneys did not indicate if they planned to appeal the judge's ruling, against Duncan's wishes.

See Also:
Judge Tosses Appeal Condemned Killer Didn't Want

Background:
The Trial of Joseph Edward Duncan

Forum:
Discuss The Duncan Case

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