The Case Of Troy J Merck

Appeal 2006

** 6th Jan 2006..

Even tho' Troy Merck and I no longer correspond I am still interested in his case.

I had noticed that someone in CA has been checking out this page very often and suspected
that new info would soon be appearing on the Commission On Capital Cases website
regarding his latest appeal attempt.
This new info was picked up by me today.

It seems that Judge Brandt Downey may be replaced by a new Judge and I'm hoping
that this new person will be objective instead of biased.

I'm also always hoping that Mr Cheek will yet undergo a change of heart.

I am posting a link to the

Initial Brief

The chief witness in the case, Katherine Sullivan, seems to have confused the colours of khaki and dark 'blue'.

AnnEz/Sweden

Since reading that Troy Merck may face a new Judge in his attempt to get his death sentence overturned permanently one way or the other,
I have discovered that Judge Brandt Downey, the previous Judge, has a whole lot of skeletons in his closet.

It seems that being biased is not his only 'blot'.

Read the article from the St Petersburg Times that spills the beans.
Take note of the phrase 'questionable judicial decisions.'

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** 23rd Jan 2007

Appeals take a long time to eventually find their way back into court.

We see this in the timeline of Troy Merck's latest bid to overturn his death sentence.

Should anyone corresponding with him happen to read this page, please tell him he is high on my prayer list.

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** 8th Mar 2007

I have just finished watching a video taped recording of yesterday's ( 7th Mar 07 ) Oral Argument
to the Florida Supreme Court by Atty John C Fisher on behalf of Troy Merck in another attempt at getting a new trial.

This argument was excellent, as far as I can tell, and so the hope of getting off death row may be in the pipeline at last.

This argument may end all the controversy regarding a life sentence as opposed to a death sentence with or without possibility of parole.

Juries may often wish to give a life sentence but are afraid that the perpertrator of the crime may be released and re-offend.

Judges in the past have used this 'weapon' to ensure that the jury votes for the death sentence by insinuating that parole
does happen immediately after the sentence of 25 years has been served.

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** 8th Dec 2007

Today I received a copy of the document affirming Troy Merck's death sentence once again!

There is a great deal of text to be ploughed through and digested and the taste left in my mouth is rather 'bitter'.

While the fact that the victim apparently died because he supposedly refused to fight back,
is very sad, the whole scenario took place because mostly all the players were drunk.

Had they all been sober and had Troy Merck not been served alcohol, being as it were he was underage,
the victim would most likely have been alive at this moment in time.

I have followed a great many cases since starting out on this road in 1995.
The fact that child murderers who ravage and mutilate their often very young and always innocent victims for their own satisfaction
and receive life sentences as 'punishment' tells me more than any argument that the death sentence
meted out to Troy Merck and upheld once again is proof that the 'Justice System' is not working.

The fact that three Judges have dissented, proves it. ( 1 Dissents and 2 Concur )

Take Note: ' NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.'

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Appeal 2006 Documents


Appeal Update Jan 2007

FSC, Direct Appeal (RS) filed 9/27/04,
Relinquished to CC for status hearing 09/27/05, Relinquishment ended 10/20/05,

Initial 4/10/06, Answer 7/13/06, Oral argument 3/7/07.

Appeal Update Dec 2007

For the reasons stated above, we find most of Merck's claims to be either unpreserved or without merit.

Regarding the prosecutor's closing statement, we are deeply troubled by this prosecutor's failure to abide by this Court's prior rulings.

However, we do not find that the cumulative effect of the objected-to and unobjected-to comments rise to the level of fundamental error.

Accordingly, we affirm Merck's death sentence.

On 12/21/07, Merck filed a Motion for Rehearing in the Florida Supreme Court which was denied on 02/11/08. The Court issued a mandate on 02/27/08.

On 05/09/08, Merck filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition is currently pending.

Source

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'Fighting Injustice' © 2004 AnnEz / Sweden

Site Updated Dec 2005