2052, 80 L.Ed.2d 674 (1984). Tragically, it was the case for Christie Downs. The second, or prejudice prong, requires a showing that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. She was followed by Cheryl, born on January 10, 1976, and Stephen Daniel Danny Downs, who entered the world on December 29, 1979. See Michigan v. Long, 463 U.S. 1032, 1041, 103 S.Ct. For one, they needed to ensure that she was mentally fit enough to stand trial and couldnt try and plead not guilty by reason of insanity. Sadly, being 25 years old, a single mother, and wanting a new love was a recipe for disaster for the Downs family. Parole was denied, and Diane remained in prison following the hearing. Eight-year-old Christie had lost so much blood she suffered a stroke, and . Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. Prosecutorial misconduct, as noted above, violates due process only if a prosecutor presents evidence which taken as a whole gives a jury a false impression. Alcorta, 355 U.S. at 31, 78 S.Ct. See United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992), cert. Christie, who miraculously survived the gunshots and became a prime witness against her mother, is now 48 years old. FAILURE TO PROVIDE MATERIAL, EXCULPATORY EVIDENCE. 3469, 77 L.Ed.2d 1201 (1983). EN. Conflicting reports say Downs also acted as a surrogate during her fourth pregnancy, giving birth to a daughter after her trial in 1984. Christie Downs, then eight years old, unexpectedly survived after her mother Diane shot her and her siblings, Danny and Cheryl, in the backseat of their car in Oregon in 1983. Diane Downs followed in her fathers footsteps by getting a job with the United States Postal Service and was often out of the house for hours at a time. at 1511. The trial court stated that Pond was just as likely confused as evasive in his testimony. Prior to trial, Downs had consulted a psychologist, Dr. Polly Jamison, who twice administered the Minnesota Multiphasic Personality Inventory test to Downs. That wasnt all that stood in their way, as Diane eventually ran away from home. Of course, the prosecutors needed to have a strong case if they were going to fight a pregnant woman and prove that she was the one who pulled the trigger on her own children. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The next day, deliberations resumed about 9:15 a.m.; it is unclear when jurors sent Linn their next note, which requested police reports and the transcript of testimony from Officer Muhammad Baig. The State also presented Downs' testimony of the entire incident. The postconviction court found counsel made a valid tactical decision. Moreover, Downs has not shown prejudice, particularly as the prosecutor promptly dropped the line of inquiry and changed the topic. January 19, 2023. Moreover Downs has failed to show that these materials had potential exculpatory value as required by California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. The star prosecution witness was Christie. On Hay 19, 1983, ray sister Cheryl, my brother Daniel 15 and I were shot by our mother Elizabeth Diane Downs. The Oregon Court of Appeals affirmed without opinion in 1993 and the Oregon Supreme Court denied review. Born in the year 1974 Christie Ann Downs is from Phoenix Arizona. Plus, she was just a baby when she was taken by the state, meaning Rebecca never got a chance to ask her biological mother any questions. Now that she was gone, Robert could focus on the family he already had. The eldest of four children, Downs was raised with conservative values. Working at the postal office meant Diane Downs had some income to support her family, but it might not have been enough to raise all three children. IN MEMORIAM. 3375. Believe it or not, but it didnt take long for Diane Downs to have enough of being behind bars. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. The prosecution's suppression of evidence favorable to the accused violates due process when the evidence is material to guilt or to punishment. Watch my updated video with the identity of the bushy-haired stranger here:https://www.youtube.com/watch?v=skrc6qjtBd4&t=33sThe following news release was su. A policeman in the garden of 10 Rillington Place in Notting Hill, London, where police found human bones buried a few inches under the soil. As her third claim, Downs contends that the prosecutor acted improperly during closing argument when he read a statement by Danny Downs identifying his mother as the shooter. Many of us are used to seeing scenes of people falling head over heels for someone at school and going on to make a life together. Downs's gun was last seen in her possession in 1983. Everything came to a head for Diane on February 28, 1984. Downs argues that these matters were material because (1) additional witnesses would have supported her version of the events and provided her with an opportunity to track down the shooter, and (2) they would have shown that Lane County authorities focused almost immediately on her rather than conducting a proper investigation. Sadly, Tuko reports that Christie still lives with a speech handicap all these years later but is grateful to have survived the ordeal. This was another aspect that made them suspicious, as Diane Downs seemingly walked away with few injuries from the alleged attack on the car. She filed the instant petition in the district court in Oregon on June 25, 1996, and filed an amended petition containing nine claims on January 17, 1997. The state court's rejection of this claim was not clearly erroneous. Cold-blooded Psychopath. Throughout the years, she has applied for as many hearings as she can, with more coming in December 2010 and another in 2021. The family was driving in Oregon when something unimaginable happened. Even before that, her parents always quarreled around the children. Often neglected and abused by Diane Downs, the children were dealt yet another indignity by their mother. 3375, 87 L.Ed.2d 481 (1985). Her firstborn son was born in 2005. Thats because the forensic evidence didnt match her version of events and instead told a very different story about what happened. Even if the claim were properly before us, it cannot be said that this question, coming during a four-day cross-examination of Downs and dealing with her psychological state-a relevant matter-so infected the trial with unfairness that it denied her due process. Because the petition was filed on June 25, 1996, following the effective date of the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub.L. It was a huge accusation and one that didnt end well. It appeared it wasnt long after the ink dried on her divorce papers that Diane Downs found another man to fill the void in her life. They also had her two siblings who needed a host of treatments if they stood a chance of surviving. She was a student at the University of Oregon and she and her husband and children made the town of Eugene their home. The publication reports that Christie has had no contact with her mom since the events that changed her life. and instead told a very different story about what happened. They told investigators that Diane was going somewhere between five and seven miles an hour. 333, 102 L.Ed.2d 281 (1988). After permitting Downs to conduct discovery and expand the record, the district court denied the petition without a hearing on February 8, 1999. The couple reportedly often argued about money and how they would pay the bills. . Likewise, the affidavits Downs submitted to the district court, which contain conflicting versions of another person's confession, do not support the showing that no reasonable jury could convict. Median sold prices over the last year is $455,000 for houses. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. Daniel and I survived but we sustained permanent 17 injuries. Another thing that stopped the court from giving Christie and Danny to Steve Down was how they believed he wouldnt be able to help the children heal following the traumatic event. Wilhite continued to add that Christies pupils were dilated and how her blood pressure was non-existent or very low. To top all of this off, Wilhite stated that Christie was not breathing and was white, leading many to think that the eight-year-old was moments from passing away. The facts on which Downs relies to establish that Christie's memory was tainted are: the sheer number of interviews (at least eighty before Christie's trial testimony, a number the state vigorously disputes); their allegedly coercive nature; the predominance of suggestive, closed-ended questions that had to be answered yes or no; and her extended state custody surrounded by persons under state control. Isaiah Chapter 41 Verses 10-13 . It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. Sadly for everyone, thats seemingly not how it all unfolded. In the end, Diane and Steve Downs decided to go their separate ways. Its said that she eventually enrolled at the University of Oregon before she graduated with an unknown degree. Downs argues that she was barred from deposing Christie before trial and then from calling her as a postconviction witness. Everything was mounting against the mother faster than she imagined as people started to pick her story apart. Her three children, Christie, 8, Cheryl, 7, and Danny, 3, were in the back seat covered in blood: they had been shot point blank. I am a commercially astute and high-energy business leader and executive who loves solving problems and creating exciting solutions that transform the way people live and work. One of the main parts of Diane Downs story was how she immediately wanted to get her children to the hospital in a bid to save their lives. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). In April 1983, Diane, Christie, Cheryl, and Danny all moved to Springfield, Oregon, where it seemed they were about to start a new life once again. The Public Health Committee is one of the joint standing committees of the Connecticut General Assembly. 851. Neither can it be said to have constituted deficient performance. Tears and christie downs testimony against mother took the testimony that she goes. The team knew it was unlikely Danny Downs would ever be able to walk again, let alone the other effects of being shot. Its unclear who first suggested that Diane should move to Oregon with her children. The state court found that trial counsel, after conferring with Downs, made a valid tactical judgment not to seek a mistrial and that the prosecutor's action was not in fact ground for a mistrial. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. Blindsided How Christie used passive verbs to turn himself. In this episode, we track Diane's life, arrest, and trial. Robert was already married with children, meaning the couple had to embark on a secret affair. Christie spent most of her childhood with bad memories. According to Heavy, Christie Downs has come a long way since she was shot by her mother and survived. She discussed different qualities that I carried at that time. Defense counsel did not object and made no motions. Angel Downs (Thigpin Photography) Thigpin Photography BAY MINETTE, Ala. (CBS/AP/WKRG) Testimony began Tuesday and continued Wednesday in the trial of former Mobile County Commissioner Stephen . If the doctors didnt act fast, there was a good chance that she might not make it out the other side. Thankfully, it didnt take long for Robert to open up about his side of the story. at 694, 104 S.Ct. 1194, 10 L.Ed.2d 215 (1963). In 1983, eight-year-old Christie Downs miraculously survived after her mother Diane Downs shot her and her siblings, Danny and Cheryl, in the backseat of their car in Oregon. Plus, there was no gunpowder residue found anywhere on the interior door panel or the drivers door, which would have shown the assailant leaning into the vehicle. The girl's testimony convicted Downs even though ballistics tests proved she had not fired a gun. In the end, the prosecutor kept fighting until Diane was moved as far away as possible. at 324, 115 S.Ct. Being a surrogate meant she got to turn that life over to them, and she hadnt done anything bad. The girl, Jennifer, was born in May 1982 and immediately handed to her new parents. The couple first met in 1981 as they both worked at the US postal service office and quickly hit things off. Just because her first parole hearing was unsuccessful didnt mean that Diane Downs was about to give up trying. 103. Perhaps thats why she plotted and pulled off an escape plan on July 11, 1987? Theres a good chance Robert Knickerbocker never told Diane Downs why he wanted their relationship to end. Buy Rent Sold Share New homes Find agents Lifestyle News Commercial. The bullet in his back meant the youngster was paralyzed from the waist down. Of course, it might come as little surprise that a seven-year-old looking after herself and two young children didnt end well. Ballistics experts testified that bullets taken from Downs's home had extractor marks identical to cartridge casings found at the crime scene. Apparently, Diane had become obsessed with her new love and was determined to make sure Robert was hers. The district court held that the prosecutorial misconduct claim was defaulted because it was never raised in the state proceedings. However, he has largely stayed away from all the press. However, theres a good chance Robert could have used this as an excuse to get his mistress out of his life. 12494 sold properties in Christie Downs, SA 5164. A fairly large suburb, Christie Downs has everything close by. Christie Downs survived the shooting with injuries. The state argues that this claim was raised in the postconviction court only as an ineffective assistance claim and the district court held it procedurally defaulted. In response to Downs's sweeping generalizations, the state in its brief presents a chronology of the treatment of and communications with Christie, detailing the care with which state agents dealt with Christie and debunking Downs's claims regarding the coercive nature of the interviews. 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