Contact: Scheree' Lipscomb at 404-656-9772 (lipscs00@dcor.state.ga.us)

For Immediate Release: Carr Execution Media Advisory - Inmate requests last meal

Atlanta -Condemned murderer Timothy Don Carr is scheduled for execution by lethal injection at 7:00 p.m. on Tuesday, January 25, 2005, at the Georgia Diagnostic and Classification Prison in Jackson, Georgia. Carr was sentenced to death for the October, 1992 murder of Keith Patrick Young in Monroe County.

Media witnesses for the execution are Harry Webber, Associated Press; Sharon Crawford, Macon Telegraph; Michael Stone, Monroe County Reporter; Angela Williams, WGXA Fox 24 -TV in Macon; and Joseph Herman Bishop, III from WNNG 1350 AM - Radio in Warner Robins.

Carr has requested as his last meal two Mushroom and Swiss Hamburgers, a Vanilla Milkshake, a Chocolate Milkshake, and two soft drinks.

There have been 36 men executed in Georgia since the U.S. Supreme Court reinstated the death penalty in 1973. If executed, Carr will be the 14th inmate put to death by lethal injection.

The Georgia Diagnostic & Classification Prison is located 45 minutes south of Atlanta off Interstate 75. From Atlanta, take exit 201 (Ga. Hwy. 36), turn left over the bridge and go approximately ¼ mile. The entrance to the prison is on the left. Media covering the execution will be allowed into the prison's media staging area beginning at 10:00 a.m. on Tuesday.

Revised Time for Scheduled Execution of Timothy Don Carr.

Atlanta - The Monroe County Superior Court has ordered the execution of convicted murderer Timothy Don Carr, age 34. The Court ordered the Department to carry out the execution between 7:00 p.m. on January 25, 2005 and ending seven days later at 7:00 p.m. on February 1, 2005.

The execution is scheduled to take place at the Georgia Diagnostic and Classification Prison Jackson at 7:05 p.m. on Tuesday, January 25, 2005

Carr was sentenced to death in April 1994 for the 1992 murder of Keith Patrick Young in Monroe County. Carr slit the victims throat, stabbed him numerous times, and bludgeoned him with a baseball bat in the head and face. Carr and two co-defendants then stole the victim's money and Pontiac Grand Prix.

If executed, Carr will be the 14th inmate put to death by lethal injection.

Media interested in a picture of Carr and a listing of his crimes may go to the Department of Corrections website (www.dcor.state.ga.us). Once at the main menu click on "Georgia Inmate Query". An acknowledgement of the disclaimer will allow access to the "Inmate Query" page. To retrieve a photo and information, enter GDC ID number 694729.

Georgia Attorney General

Attorney General Baker Announces Execution Date for Timothy Don Carr(January 12, 2005)

Georgia Attorney General Thurbert E. Baker offers the following information in the case against Timothy Don Carr, who is currently scheduled to be executed at 7:00 p.m. on January 25, 2005.

Scheduled Execution

Timothy Don Carr has completed all his post-conviction proceedings in both state and federal courts. Therefore, on January 6, 2005, the Superior Court of Monroe County filed an order, setting the seven-day window in which the execution of Timothy Don Carr may occur to begin at 7:00 p.m., January 25, 2005, and end seven days later at 7:00 p.m. on February 1, 2005. The Commissioner of the Department of Corrections has set the specific date and time for the execution as 7:00 p.m., January 25, 2005, pursuant to the discretion given the Commissioner under state law.

Carr’s Crimes

The Supreme Court of Georgia summarized the facts of the case as follows:

Carr, his girl friend Melissa Burgeson, and the 17-year-old victim attended a party on the evening of the crimes, where they all consumed alcohol and used drugs. Carr and Burgeson discussed robbing the victim at the party. In the early hours of the following day, Burgeson took the victim's car keys and talked him into letting her drive him home. Burgeson drove the victim, Carr, and two juveniles to a remote area of south Monroe County in the victim's car. During the ride, Carr showed one of the juveniles a large knife and whispered that he intended to kill the victim. Burgeson stopped the car on a dirt road, and when the victim opened the trunk to look for more drugs, Burgeson motioned to Carr to kill him. Carr grabbed the victim's hair, pulled his head back and slashed his throat. At Burgeson's urging, Carr stabbed the victim repeatedly and then beat him in the head with a baseball bat. After Burgeson took the victim's money, Carr and one of the juveniles dragged the victim's body to the roadside, leaving him to die from his injuries. Carr and Burgeson fled to Tennessee in the victim's car and were arrested following a high speed chase. After receiving medical treatment at a local hospital, they were placed in the back of a police car in which police had activated a hidden tape recorder. Their recorded conversation, in which Carr admitted killing the victim, was introduced into evidence at Carr's trial. The jury was also authorized to find from the evidence that the knife used to stab the victim was discovered in Burgeson's purse. Carr v. State, 267 Ga. 547, 548, 480 S.E.2d 583 (1997).

The Original Trial (1992-1995)

The Monroe County Grand Jury indicted Carr for the murder of Keith Patrick Young during the November Term, 1992. Carr was tried on April 18 through April 27, 1994, and found guilty in the Superior Court of Monroe County, Georgia on April 27, 1994. District Attorney Tommy Floyd, prior to the splitting of the Flint Circuit, tried the case. On April 28, 1994, Carr was sentenced to death for the murder. Carr’s motion for new trial was denied on October 24, 1995.

The Direct Appeal Proceeding (1997)

Carr was represented by Harold E. Martin and Michael A. Dillon. The Supreme Court of Georgia unanimously affirmed Carr’s conviction and sentence on February 3, 1997 in Carr v. State, 267 Ga. 547, 480 S.E.2d 583 (1997). Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 14, 1997. Carr v. Georgia, 522 U.S. 921 (1997).

State Habeas Corpus Petition (1998-2001)

Carr, represented by Nila Jean Robinson and Brian S. Kammer, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia, on February 13, 1998. An evidentiary hearing was held on September 23-24, 1999. On June 23, 2000, the state habeas corpus court granted Carr state habeas corpus relief on the claims of ineffective assistance of counsel in the preparation and presentation of Carr’s case, but denied all other claims. The State appealed to the Georgia Supreme Court which unanimously reversed the habeas corpus court’s order and reinstated Carr's sentence on March 19, 2001. Head v. Carr, 273 Ga. 613, 533 S.E.2d 409 (2001). Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 1, 2001. Carr v. Head, 534 U.S. 905 (2001).

Federal Habeas Corpus Petition (2001-2002)

Carr, represented by Thomas H. Dunn, Brian S. Kammer and Nila Jean Robinson, filed a federal habeas corpus petition in the United States District Court on July 2, 2001, which was denied on January 31, 2002. After the Eleventh Circuit Court of Appeals denied Carr review on two separate occasions. On July 8, 2002, the trial court ordered Carr’s execution set for the week of July 18, 2002 through July 25, 2002. Carr then filed a “Petition for Rehearing En Banc and/or Application to the Court En Banc for a Certificate of Appealability” on July 11, 2002, a Motion to Vacate the Order Setting Execution and three supplements to the Motion to Vacate.

Appeal to the Eleventh Circuit (2002-2004)

On July 18, 2002, the Eleventh Circuit Court of Appeals vacated its June 27, 2002 denial of a certificate of appealability and granted a certificate of appealability. Oral argument was held on March 11, 2003. On March 31, 2004, the Eleventh Circuit issued an opinion which denied relief. Carr v. Schofield, 364 F.3d 1246 (2004). Carr filed a petition for panel rehearing on April 21, 2004, which was denied on June 3, 2004.

Denial of Certiorari review by U.S. Supreme Court (2004)

Carr filed a petition for writ of certiorari in the United States Supreme Court on November 1, 2004. The United States Supreme Court denied certiorari on December 13, 2004.

AccessNorthGeorgia.Com

"Georgia carries out first execution of 2005." (AP Tuesday, January 25 at 8:44 PM)

JACKSON, Ga. - A 34-year-old man was executed Tuesday for fatally stabbing a teenager and beating him with a baseball bat as he pleaded for his life during a robbery in 1992 in central Georgia. Timothy Don Carr was given a lethal injection at the state prison in Jackson for killing 17-year-old Keith Patrick Young on Oct. 8, 1992. He was prounced dead at 8:37 p.m.

``It's time for justice to be served,'' Carr said in a final statement issued by the prison before the execution. He also apologized to the victim's mother for any grief he may have caused her and told his family that he loved them. Last-minute appeals and a clemency petition to the state parole board failed. Carr's execution was Georgia's first in 2005 and 37th since the U.S. Supreme Court reinstated the death penalty in 1973.

Prosecutors say Carr, girlfriend Melissa Burgeson and two 16-year-olds drove Young in his car to a remote area near Bolingbroke, about 65 miles southeast of Atlanta. There, Carr slashed Young's throat at Burgeson's urging and beat him in the head with a baseball bat. The two juveniles later testified that the victim pleaded for his life. Young was left on the side of the road to die before the couple fled to Murfreesboro, Tenn., in the victim's Pontiac Grand Prix. It was there that they were arrested following a high-speed chase.

Carr was convicted in 1994 and sentenced to death. Burgeson was given a life sentence with the possibility of parole. The two 16-year-olds were tried in juvenile court.

Among those pleading for Carr's life at Monday's clemency hearing were his mother, brother and aunt. His lawyer, Brian Kammer, asked the board to stay Carr's execution for 90 days or to commute his sentence to life in prison. At the hearing, Kammer argued his client received a disproportionate sentence to Burgeson's and that prosecutors portrayed Carr as less culpable in Burgeson's trial, but more culpable during his trial to obtain a death sentence. Kammer also told the parole board that jurors in the Carr trial were unaware of Burgeson's lighter sentence and of her role in the killing, or Carr's family history or mental illness.

There's been testimony over the years that Carr was sexually abused as a child. A court-appointed forensic psychologist who examined Carr said in an affidavit Friday that Carr was mentally ill when he committed the crime and had recently ingested ``massive quantities of hallucinogenic mushrooms.''

For his last meal, Carr ate two musroom and swiss hamburgers, a vanilla milkshake, a chocolate milkshake and two soft drinks.

ProDeathPenalty.com

Timothy Don Carr is a Monroe County man who was convicted of fatally stabbing and beating a Warner Robins youth in 1992. Carr was convicted and sentenced to death in 1994 for the murder of 17-year-old Keith Patrick Young. Prosecutors said Carr cut Young's throat, stabbed him numerous times and bludgeoned him with a baseball bat in the head and face. He also stole Young's wallet and Pontiac Grand Prix after they had all left a party with Carr's girlfriend, Melissa Leslie Burgeson. Burgeson, who allegedly goaded Carr into killing Young, also was convicted of murder. A judge in Butts County, where Carr had been on death row since his conviction, had overturned Carr's death sentence on grounds that his trial attorney was ineffective. But the Georgia Supreme Court reinstated the death penalty in a unanimous ruling in March 2001, saying Carr did not show that his lawyer's actions affected the outcome of the trial.

Georgians for Alternatives to the Death Penalty

Stop the Execution of Tim Carr!

The state of Georgia executed Timothy Don Carr on Tuesday, January 25. Mr. Carr was pronounced dead at 8:37pm. Ten vigils around the state were observed. The state Board of Pardons and Paroles, which has executive clemency power, denied his request for clemency on January 24 at their hearing of the case.

No letters are requested at this time. The following was the action alert for Mr. Carr.

Model Letter

Please sign and print your name to the letter and include your return address, particularly if you live in Georgia -- this carries a special weight. And please send appeals so that they arrive well before January 24 (when the Board convenes the clemency hearing) - fax is a good method.

The State Board of Pardons and Paroles
Floyd Veterans Memorial Building
Balcony Level, East Tower
2 Martin Luther King, Jr. Drive, S.E.
Atlanta, GA 30334-4909

Dear Members of the Parole Board,

I write you as a fellow citizen of the state of Georgia to plead with you to grant clemency to Mr. Timothy Carr. I have deep sympathy and grief for the family of Keith Young and their loss. Nevertheless, killing a second Georgia citizen will only create a greater loss and more grief.

Tim Carr’s case seems particularly unfair because his co-defendant, Melissa Burgeson, is serving a life sentence with possible parole while Tim has a date for his execution. Tim cooperated fully with the prosecution of his co-defendant, Ms. Burgeson, whose trial was before his own. While he could have refused to cooperate, he testified truthfully about the murder, giving a full confession about his own culpability, as well as testimony about Melissa Burgeson planning the crime and ordering the murder to take place.

At Ms. Burgeson's trial, the prosecutor urged the jury to believe Mr. Carr's testimony, and described Ms. Burgeson as the "moving force" behind the crime who herself had stabbed the victim. The prosecutor referred to Tim Carr as Ms. Burgeson's "puppet." The jury found Ms. Burgeson guilty of murder, and sentenced her to life imprisonment. Even the lead investigator from the Monroe County Sheriff's Department stated that "as far as Keith Young's death, I think [Burgeson] . . . instigated it, planned it and everything." Mr. Speir agreed with the Prosecutor’s characterization of Mr. Carr as Ms. Burgeson’s “puppet.”

Tim Carr was tried two months after Ms. Burgeson, but this time the prosecutor urged the jury to believe a completely different picture of the crime. He described Carr as the prime mover in the crime. The same testimony the prosecutor presented as true at Ms. Burgeson’s trial, he now said was a lie. The jury sentenced Mr. Carr to death without benefit of knowing that Ms. Burgeson had received a life sentence, that she had a history of violence and intimidation of others, or that she had threatened Tim Carr's life shortly before the murder. The jury was also provided very little information about Tim's mental illness and family history of domestic violence, alcoholism and mental illness. The jury was unaware that Tim does not have a history of violence, and in fact is a caring person who once saved his father’s life. Since 1994,Tim has adjusted well in prison, teaching himself crochet and drawing skills which occupy much of his time. He has remained very close to his family and is an important part of their lives, and vice-versa. Tim has never posed a problem for prison staff and is an excellent candidate for life imprisonment.

Whatever one’s feelings about the death penalty are in general, the execution of Tim Carr will serve no purpose. It only serves to point out that the prosecution misled Mr. Carr’s jury and the disparity between a more culpable co-defendant who is allowed to live while the other is killed. The incongruity of these two sentences does not serve justice. I plead with you to stop the execution of Timothy Carr and grant him clemency.

Sincerely,

Case Background

Amnesty International Urgent Action Appeal

USA (Georgia) Timothy Don Carr (m), white, aged 34

Timothy Carr is scheduled to be executed in Georgia at 7pm local time on 25 January. He was sentenced to death in 1994 for his role in the murder of 17-year-old Keith Patrick Young in Monroe County in 1992.

According to the trial evidence, the murder occurred in the early hours of 8 October 1992 following a party at which Timothy Carr and others consumed large amounts of alcohol, marijuana and hallucinogenic mushrooms. Timothy Carr, Melissa Burgeson, Keith Young, and two 16-year-olds, left the party in the victim’s car. Keith Young’s body was found the next day.

The two teenagers were tried in juvenile court in 1992 on murder and theft charges. One was found guilty on all counts, and sentenced to 18 months in juvenile detention. The other was convicted on the theft charge only and was ordered to receive counselling. Of the two adults, Melissa Burgeson was tried first. Timothy Carr was advised by his lawyer to give a full confession to the Monroe County prosecutor and to testify at Burgeson’s trial. The lawyer said he had obtained a verbal assurance from the prosecutor that if Carr "helped" him, he would "help" Carr. The lawyer said that he understood this to mean that Carr would receive an offer of life imprisonment in return for a guilty plea.

At Burgeson’s trial in 1994, at which the prosecutor sought a death sentence, Carr testified that he was very intoxicated at the time of the murder and had been compelled by Burgeson to stab Young. The prosecutor urged the jury to believe Carr’s testimony, and described Burgeson as the least intoxicated of the suspects, and the "moving force" behind the crime, also arguing that Melissa Burgeson had herself stabbed the victim. The prosecutor referred to Timothy Carr as Burgeson’s "puppet". The jury found Burgeson guilty of murder, and sentenced her to life imprisonment. In 1999, an investigator from Monroe County Sheriff’s Department stated that "as far as Keith Young’s death, I think [Burgeson] played just as much a part in it as anybody...I think she instigated it, planned it and everything". He agreed with the prosecutor’s characterization of Carr as Burgeson’s "puppet".

Timothy Carr was tried two months after his co-defendant, and repeated his testimony from her trial. This time the prosecutor described Carr as the prime mover in the crime. He urged the jury to discredit Carr’s "feeble" defence and to disbelieve his account of having been intoxicated by alcohol and drugs and being influenced by Burgeson. Having argued at Melissa Burgeson’s trial that she had stabbed the victim, the prosecutor argued at Timothy Carr’s trial that Burgeson had not inflicted a single cut on Keith Young. The jury, without knowing about Burgeson’s life sentence and her reported history of violence and intimidation, including against Carr, sentenced Timothy Carr to death.

In June 2000, a state court judge overturned Carr’s death sentence. The court had found that his trial lawyer had "committed serious errors which prejudiced the defense", including his failure to present "a significant amount of mitigating information about [Carr’s] life history and the circumstances of the crime", including "details of [Carr’s] extremely difficult childhood, evidence of physical and sexual abuse suffered by [Carr] at the hands of his father, the history of alcoholism and mental illness in his family, evidence of a brain injury suffered at [Carr’s] birth, as well as good character evidence".

Having heard such evidence since the trial, one of the jurors has stated that it "would have been powerful evidence that Mr Carr was not the bad, irredeemable person the prosecutor wanted us to see." She continued: "Having finally heard about the story of Tim Carr’s life, I dearly wish that this information had been presented at trial. It would have made a big difference. If I had had the information summarized here before me at the trial, I would have voted for a life sentence." A Georgia jury must be unanimous before it can pass a death sentence.

Nevertheless, in March 2001 the Georgia Supreme Court reinstated Timothy Carr’s death sentence. On the mitigating evidence issue, the Georgia Supreme Court ruled that the jury had heard enough to make their sentencing verdict reliable. In July 2002, Timothy Carr received a stay of execution after the US Court of Appeals for the 11th Circuit agreed to consider his case (see EXTRA 53/02, AMR 51/108/2002, 12 July 2002, and follow-up, AMR 51/120/2002, 19 July 2002). The Court rejected the appeal in March 2004 and in December the US Supreme Court declined to take the case.

International safeguards require adequate legal representation for capital defendants "at all stages of proceedings", above and beyond that provided in non-capital cases. In 1996, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions emphasized that in capital cases "all mitigating factors must be taken into account". The UN Guidelines on the Role of Prosecutors require prosecutors to "at all times maintain the honour and integrity of their profession", and to "perform their duties fairly, consistently and expeditiously...thus contributing to ensuring due process and the smooth functioning of the criminal justice system". The Monroe County prosecutor contravened such principles in his effort to achieve at least one death sentence.

Amnesty International opposes the death penalty in all cases. Today, 118 countries are abolitionist in law or practice. The USA has carried out 945 executions since resuming judicial killing in 1977. Georgia accounts for 36 of these executions.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language, in your own words:

- expressing sympathy for the family and friends of Keith Patrick Young, and explaining that you are not seeking to excuse the manner of his death;

- questioning the disparity in sentencing between Melissa Burgeson and Timothy Carr, given that at Burgeson's trial, the prosecutor had argued that Burgeson was a "prime mover" in the crime, who had planned, directed and physically participated in the murder;

- expressing concern at the prosecutor’s conduct in this case, noting that he appears to have violated his duty to perform his duties fairly and consistently;

- noting the state court’s finding, after an evidentiary hearing, that Timothy Carr had been denied adequate representation at trial, including in failing to provide the jury with the full picture of the defendant’s appalling background of abuse and troubled family history;

- noting that at least one of the jurors has said that she would have voted for a life sentence if presented with such evidence;

- calling on the Board of Pardons and Paroles to grant clemency.

News Coverage

Georgia Executes Man for 1992 Slaying," by Harry R. Weber. (Wednesday January 26, 2005 2:16 AM)

JACKSON, Ga. (AP) - A man was executed Tuesday for fatally stabbing a teenager and beating him with a baseball bat as he pleaded for his life during a robbery. Timothy Don Carr, 34, received a lethal injection at the state prison in Jackson for killing 17-year-old Keith Patrick Young in October 1992. Carr was pronounced dead at 8:37 p.m.

``It's time for justice to be served,'' Carr said in his final statement. He also apologized to the victim's mother for any grief he may have caused her and told his family that he loved them. Last-minute appeals and a clemency petition to the state parole board were denied. Carr's execution was Georgia's first this year and 37th since the Supreme Court reinstated the death penalty in 1973.

Prosecutors said Carr, his girlfriend Melissa Burgeson and two 16-year-olds drove Young in his car to a remote area about 65 miles southeast of Atlanta where Carr slashed his throat and beat him with a baseball bat. The two juveniles later testified that the victim pleaded for his life. Young was left on the side of the road to die before Carr and Burgeson fled to Tennessee in the victim's car. They were arrested following a high-speed chase.

Carr was convicted in 1994 and sentenced to death. Burgeson was given a life sentence with the possibility of parole. One of the 16-year-olds received 18 months in juvenile detention and the other was not jailed.

"Georgia Man Executed for Killing Teen-Ager," by Paul Simao. (Tue Jan 25, 2005 09:25 PM ET)

ATLANTA (Reuters) - A man who claimed to be under the "diabolical" spell of his girlfriend when he stabbed and beat a teen-ager to death in 1992 was executed on Tuesday in Georgia after courts rejected his last-minute appeals. Timothy Carr, 34, was put to death by lethal injection at a state prison in Jackson, Georgia, about 50 miles south of Atlanta. He died at 8:37 p.m. EST (0135 GMT Tuesday), according to Georgia Department of Corrections spokeswoman Scheree Lipscomb. The U.S. Supreme Court and Georgia Supreme Court refused to block the execution.

"Peace," Carr said before a sedative, lung-paralyzing drug and the poison potassium chloride were injected into his arms. Earlier, while still in a holding cell, he apologized for his crime and said it was time for justice to be done.

Carr's final meal consisted of two cheeseburgers, french fries, a vanilla milkshake, a chocolate milkshake and two soft drinks, Lipscomb said.

He was sentenced to die for killing 17-year-old Keith Young on Oct. 8, 1992 during a robbery on a remote road near Bolingbroke, Georgia, about 65 miles southeast of Atlanta. Carr, accompanied by his girlfriend, Melissa Burgeson, and two teen- agers, slashed and stabbed Young with a knife and beat him with a baseball bat, according to testimony from the 1994 trial.

The group, which had been drinking alcohol and an hallucinogenic tea and smoking marijuana before the murder, fled the scene with Young's $125 paycheck and his two-door, gold 1986 Pontiac Grand Prix. In a clemency petition filed last week, Carr's defense attorneys said their client had attacked Young on orders from Burgeson, who had exercised "diabolical" influence over Carr.

They also noted that Carr's jury was unaware that Burgeson had taken part in Young's stabbing. Burgeson was sentenced to life in prison for the crime, while the two teens involved had their cases handled in juvenile court.

Carr's execution was the first in Georgia this year and the 37th in the state since the U.S. Supreme Court reinstated the death penalty in 1976. "Man executed for fatal attack on teen in 1992," by Carlos Campos. (The Atlanta Journal-Constitution 01/26/05)

A Macon man was executed Tuesday for his role in the fatal 1992 beating, stabbing and robbery of a 17-year-old in Monroe County. Timothy Don Carr, 34, was pronounced dead at 8:37 p.m. at the Georgia Diagnostic and Classification Prison in Jackson after corrections officials delivered a lethal dose of chemicals to him via intravenous injection.

When asked if he had any last words, he offered: "Peace." Earlier Carr recorded a last statement in which he apologized to the mother of the victim, Keith Patrick Young, and said he was sorry for any grief he had caused her family. He said he loved his own family and added it was "time for justice to be served."

Young's mother and grandfather witnessed Carr's execution. "It's finally over for our family," said Young's mother, Deniese Cail. "He's gone and he did not go where my son is. My son is in heaven." About 16 anti-death penalty protesters gathered outside the prison.

Carr was sentenced to death in 1994 for the murder of Young. Carr, his girlfriend Melissa Burgeson, and two juveniles attended a party with Young on the night of Oct. 8, 1992. After the party, the five left together in Young's car, according to the state attorney general's office. Carr and Burgeson decided to rob Young and stopped the car on a dirt road. Carr slashed Young's throat, stabbed him in the chest and beat him in the head with a baseball bat. Young was left to die on the side of the road. Appeal lawyers for Carr did not dispute his guilt. They argued, however, that he received a sentence disproportionate to that of his co-defendant, Burgeson, who received life in prison with the possibility of parole.

On Monday, the parole board — the only entity in Georgia outside of the legal system that can commute a death sentence — denied a clemency request by Carr, clearing the way for his execution.

Carr v. State, 480 S.E.2d 583 (Ga. 1997). (Direct Appeal)

Following jury trial, defendant was convicted in the Superior Court, Monroe County, William H. Craig, J., of malice murder and theft of victim's motor vehicle, and defendant was sentenced to death. Defendant appealed. The Supreme Court, Hunstein J., held that: (1) evidence sustained convictions; (2) defendant was not entitled to remand for second hearing on proposed additions to trial record, and trial court properly found that nothing material was omitted from record; (3) placing defendant and accomplice in police car together was not functional equivalent of custodial interrogation; (4) defendant was not entitled to additional hearing on voluntariness of statements to accomplice; (5) trial court's failure to strike three prospective jurors was not erroneous; (6) prosecutor's guilt-phase and sentencing phase closing arguments were proper; and (7) defendant's death sentence was not excessive and disproportionate as compared to life sentence received by accomplice. Affirmed.

HUNSTEIN, Justice.
Timothy Don Carr was convicted of the malice murder of Keith Patrick Young and the theft of his motor vehicle. The jury recommended the death penalty for the murder, finding the following aggravating circumstances: the murder was committed in the commission of an armed robbery and aggravated battery; the murder was committed for receiving things of monetary value; and the murder was outrageously and wantonly vile, horrible and inhuman in that it involved torture, depravity of mind and aggravated battery to the victim. OCGA § 17-10-30(b)(2), (4), (7). The trial court sentenced Carr to death and Carr appeals. [FN1] We affirm.

FN1. The crimes occurred on October 8, 1992. Carr was indicted by the Monroe County Grand Jury for malice murder, felony murder, armed robbery, and theft of a motor vehicle on November 16, 1992. On December 3, 1992, the State filed a notice of intent to seek the death penalty. The jury found Carr guilty on all counts on April 27, 1994. The following day, the jury returned its recommendation of the death sentence and the trial court imposed that sentence, plus twenty years imprisonment for theft of a motor vehicle. Carr's motion for new trial, filed May 13, 1994 and amended August 29, 1994 and September 27, 1995, was denied October 24, 1995. Carr filed a notice of appeal to this Court on November 22, 1995. On February 16, 1996, the case was remanded on motion of the Attorney General to determine whether the record required supplementation. The remand hearing was held April 17, 1996, and on May 16, 1996, the trial court entered an order stating that the record was complete. The trial court subsequently denied Carr's motions for continuance, for an evidentiary hearing, and for reconsideration of the court's May 1996 order. The case was redocketed July 30, 1996. Carr filed a second motion to remand on August 13, 1996, which was denied September 20, 1996. The case was orally argued on October 15, 1996. 1. The jury was authorized to find that Carr, his girl friend Melissa Burgeson, and the 17-year-old victim attended a party on the evening of the crimes, where they all consumed alcohol and used drugs. Carr and Burgeson discussed robbing the victim at the party. In the early hours of the following day, Burgeson took the victim's car keys and talked him into letting her drive him home. Burgeson drove the victim, Carr, and two juveniles to a remote area of south Monroe County in the victim's car. During the ride, Carr showed one of the juveniles a large knife and whispered that he intended to kill the victim. Burgeson stopped the car on a dirt road, and when the victim opened the trunk to look for more drugs, Burgeson motioned to Carr to kill him. Carr grabbed the victim's hair, pulled his head back and slashed his throat. At Burgeson's urging, Carr stabbed the victim repeatedly and then beat him in the head with a baseball bat. After Burgeson took the victim's money, Carr and one of the juveniles dragged the victim's body to the roadside, leaving him to die from his injuries.

Carr and Burgeson fled to Tennessee in the victim's car and were arrested following a high speed chase. After receiving medical treatment at a local hospital, they were placed in the back of a police car in which police had activated a hidden tape recorder. Their recorded conversation, in which Carr admitted killing the victim, was introduced into evidence at Carr's trial. [FN2] The jury was also authorized to find from the evidence that the knife used to stab the victim was discovered in Burgeson's purse.

FN2. Burgeson was also charged in connection with these crimes. She was convicted of malice murder and sentenced to life in prison. This Court affirmed Burgeson's conviction in Burgeson v. State, 267 Ga. 102, 475 S.E.2d 580 (1996).

* * * *

Judgment affirmed.

Head v. Carr, 544 S.E.2d 409 (Ga. 2001) (State Habeas).

Petitioner convicted of malice murder and sentenced to death filed petition for writ of habeas corpus. The Superior Court, Butts County, Alice Bonner, J., granted petition, and warden appealed. The Supreme Court, Thompson, J., held that: (1) petitioner failed to establish that he was prejudiced by counsel's errors in guilt phase, and (2) counsel was not ineffective in penalty phase. Reversed.

THOMPSON, Justice.
In 1994, a jury convicted Timothy Don Carr of malice murder, motor vehicle theft, and other offenses and sentenced him to death for the murder. This Court affirmed the convictions and death sentence, Carr v. State, 267 Ga. 547, 480 S.E.2d 583 (1997), and the United States Supreme Court denied Carr's petition for certiorari. Carr v. Georgia, 522 U.S. 921, 118 S.Ct. 313, 139 L.Ed.2d 242 (1997).

In 1998, Carr filed a petition for writ of habeas corpus challenging his convictions and death sentence and an evidentiary hearing was held in 1999. The habeas court ruled in its final order that all of Carr's claims other than ineffective assistance of counsel were without merit. The habeas court then vacated Carr's death sentence after finding that Carr's trial counsel had been ineffective in the preparation and presentation of Carr's case. The warden appeals, Case No. S00A1798, and Carr cross-appeals, Case No. S00X1800. We reverse and reinstate Carr's death sentence.

The evidence adduced at trial showed that Carr was at a party in Macon in October 1992 with his girlfriend, Melissa Burgeson, and the 17-year-old victim, Keith Young. People at the party consumed alcohol and the juice from boiled hallucinogenic mushrooms; some also smoked marijuana. Burgeson obtained Young's car keys claiming that he was too intoxicated to drive. She and Carr discussed robbing the victim of his car; they also knew that Young had just cashed his paycheck. In the early morning hours, Burgeson, Carr, Young, and two juveniles (one male, one female) left the party in Young's car. Burgeson was driving, Young was in the front passenger seat, and the others were in the back seat. During the drive, Carr displayed a knife to one of the juveniles and whispered to her that he was going to kill Young. There was also a baseball bat in the back seat of the car. Burgeson stopped the car on a dirt road under the pretense that they were going to look for mushrooms and everyone exited except for the female juvenile. When Young was looking in the trunk, Burgeson whispered to Carr to "do it now." Carr grabbed Young from behind and cut his throat twice. Burgeson said, "that ain't enough" and Carr stabbed the victim several times in the chest. Young pleaded for his life, but Carr laughed and said "I'm going to kill you, boy." After Young had fallen to the ground, Carr rolled him over on his stomach and stabbed him several times in the lower back. The male juvenile then handed Carr the baseball bat and he beat the victim in the head, fracturing his skull. Burgeson took cash from the victim's pockets and they returned to Macon, where they dropped off the male juvenile and drove to Tennessee. In Tennessee, the police chased the victim's car and arrested Carr, Burgeson, and the female juvenile after they crashed.

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Judgment affirmed.

Carr v. Schofield, 364 F.3d 1246 (11th Cir. 2004) (Federal Habeas).

Background: Following affirmance of his murder conviction and death sentence, 480 S.E.2d 583, the United States District Court for the Middle District of Georgia, No. 01-00254-5:CV-3-WDO, Wilbur D. Owens, Jr., J., denied prisoner's petition for writ of habeas corpus, and he appealed.

Holdings: The Court of Appeals, Birch, Circuit Judge, held that:
(1) there was insufficient evidence of the existence of deals between the State and juvenile co-defendants, and therefore state did not violate Brady, Giglio or Napue;
(2) prosecutor's closing argument did not violate Caldwell; and
(3) petitioner's trial counsel was not ineffective in presenting mitigating evidence in capital case. Affirmed.

BIRCH, Circuit Judge:
Timothy D. Carr, a Georgia prisoner convicted of murder and sentenced to death, appeals the district court's denial of his petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254 On appeal, Carr raises three claims: (1) the prosecution withheld the evidence of his co-defendants' agreements in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) elicited false testimony regarding those agreements, and failed to correct the false impression created by that testimony in violation of Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959) (2) the prosecution made improper and prejudicial remarks during the sentencing phase closing arguments; and (3) Carr's trial counsel failed to adequately investigate and prepare for the sentencing phase. For the following reasons, we find that Carr is not entitled to relief from his conviction or sentence, and AFFIRM the district court's denial of his petition.

I. BACKGROUND

Carr was convicted of the 1992 murder of Keith Young following a jury trial in Monroe County, Georgia and was sentenced to death in 1994. [FN1] His conviction and sentence were affirmed on direct appeal. Carr v. State, 267 Ga. 547, 480 S.E.2d 583 (1997) ("Carr I"). The following facts were set forth by the Georgia Supreme Court:

FN1. Carr was also charged with and convicted of theft of Young's vehicle. He was sentenced to twenty years of imprisonment on the motor vehicle charge. Carr v. State, 267 Ga. 547, 480 S.E.2d 583, 587 (Ga.1997) ("Carr I").

The jury was authorized to find that Carr, his girl friend Melissa Burgeson, and the 17-year-old victim [Young] attended a party on the evening of the crimes, where they all consumed alcohol and used drugs. Carr and Burgeson discussed robbing the victim at the party. In the early hours of the following day, Burgeson took the victim's car keys and talked him into letting her drive him home. Burgeson drove the victim, Carr, and two juveniles to a remote area of south Monroe County in the victim's car. During the ride, Carr showed one of the juveniles a large knife and whispered that he intended to kill the victim. Burgeson stopped the car on a dirt road, and when the victim opened the trunk to look for more drugs, Burgeson motioned to Carr to kill him. Carr grabbed the victim's hair, pulled his head back and slashed his throat. At Burgeson's urging, Carr stabbed the victim repeatedly and then beat him in the head with a baseball bat. After Burgeson took the victim's money, Carr and one of the juveniles dragged the victim's body to the roadside, leaving him to die from his injuries.

Carr and Burgeson fled to Tennessee in the victim's car and were arrested following a high speed chase. After receiving medical treatment at a local hospital, they were placed in the back of a police car in which police had activated a hidden tape recorder. Their recorded conversation, in which Carr admitted killing the victim, was introduced into evidence at Carr's trial. The jury was also authorized to find from the evidence that the knife used to stab the victim was discovered in Burgeson's purse. The evidence adduced was sufficient to enable a rational juror to find Carr guilty of the crimes charged beyond a reasonable doubt. Id. at 587 (internal footnote omitted). [FN2] During the trial, Carr was represented by court-appointed counsel Harold Martin and Michael Dillon.

FN2. Burgeson was also convicted of malice murder and was sentenced to life in prison. Id. at 587 n. 2.

Carr then sought habeas corpus relief in the Superior Court of Butts County, Georgia. Following an evidentiary hearing, the court denied the petition as to Carr's conviction but granted the petition and vacated his death sentence on 23 June 2000. R2-10, Ex. Vol. 27, Ex. 63 at 1. The court found that Carr's trial counsel's errors "prejudiced the defense" and that Carr was "denied a trial whose result [was] reliable as to the sentence." Id. at 27. The state appealed, and the Georgia Supreme Court reversed the trial court and reinstated Carr's death sentence on 19 March 2001. Carr v. Head, 273 Ga. 613, 544 S.E.2d 409 (2001) ("Carr II"). The Supreme Court of the United States denied Carr's petition for writ of certiorari. Carr v. Head, 534 U.S. 905, 122 S.Ct. 238, 151 L.Ed.2d 172 (2001) ("Carr III").

Carr next filed an application for writ of habeas corpus in the United States District Court for the Middle District of Georgia. After briefing, but without an evidentiary hearing, the district court denied the petition, denied Carr's motion to alter or amend, and denied Carr's application for a certificate of appealability ("COA"). We granted a COA on three issues: "(1) the alleged Caldwell violation; (2) the alleged Brady/Giglio/Napue violation; and (3) the ineffective assistance of counsel during the penalty phase of his trial claim." R2-30 at 2.

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We find no reversible error in the district court's opinion and judgment. Therefore, the denial of Carr's petition for writ of habeas corpus is AFFIRMED.