Robert was already married with children, meaning the couple had to embark on a secret affair. However, the little girl who survived being shot by her mother was ultimately the one who brought her to justice. We agree, albeit for a different reason, having found that Downs's briefs in the Oregon Court of Appeals and the Oregon Supreme Court make specific reference to the larger issue of the coercion and manipulation of a traumatized 8 year old.. That might not have been the case. Tactical decisions after consultation with the client are virtually unchallengeable. Id. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. Moving across the country was supposed to mean Diane and Robert could be together without raising any eyebrows. Thats because the forensic evidence didnt match her version of events and instead told a very different story about what happened. V. USE OF CHRISTIE'S TESTIMONY. The state court's rejection of this claim was not clearly erroneous. As of now, the earliest that Diane could be released is 2025, but only if a court rules they think she has served her time. While the government may not suggest that information not in evidence supports its case, United States v. Badger, 983 F.2d 1443, 1455 (7th Cir.1993), cert. Sadly for Diane and Steve Downs, the universe got in the way. All the arguments, teamed with new accusations of Diane Downs being unfaithful, meant that she and Steve soon went their separate ways. 851, 130 L.Ed.2d 808 (1995), holds that if a petitioner presents evidence of innocence so strong that a court cannot have confidence in the outcome of the trial unless the court is also satisfied that the trial was free of nonharmless constitutional error, the petitioner should be allowed to pass through the gateway and argue the merits of his underlying claims. Id. However, theres a good chance Robert could have used this as an excuse to get his mistress out of his life. We find no clear error. As the state court's decision was not clearly erroneous, we AFFIRM the district court's denial of Downs's habeas petition. Downs further contends that trial counsel's failure to object, move for a mistrial, or call Dr. Jamison was ineffective assistance. Diane Downs qued embarazada solo un par de meses despus, dando la bienvenida a Christie Downs el 7 de octubre de 1974. 28 U.S.C. 2528, 81 L.Ed.2d 413 (1984). II. The court heard as Christie bravely took to the stand to explain that Diane had turned the weapon on the children. 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. Downs argues that this evidence would have supported her theory that someone else was at the crime scene and undermined the state's theory that she had retrieved the gun from the trunk. It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. Downs first sought habeas relief in the Eastern District of California in November 1993. Tragically, Diane explained that Christie had already suffered a stroke and was now unconscious in the back of the car. All of this meant Diane was forced to return to her parents, where they hoped their daughter would work on her future one that didnt include Steve Downs. She was convicted of killing her 7-year-old daughter and trying to kill her two . Robb, Judge . Eventually, Diane Downs enrolled at Moon Valley High School in Phoenix, where she met and fell for Steve Downs. The prosecution heavily relied on Christie Downs' testimony, while Diane pleaded her innocence. September 27, 2016. Elizabeth Diane DOWNS, Petitioner-Appellant, v. Sonia HOYT, Respondent-Appellee. In1988, Oprah interviewed Diane Downs via satellite from prison after she was convicted of shooting her three children at point-blank range. 2059, 138 L.Ed.2d 481 (1997). With you for life wwwWDIOcom WDIOcom. The Jan. 6 select committee publicly pointed to two communications this week as potential evidence of Trump World's efforts to influence witness testimony without revealing their origin . Its said the youngster told one of her grandparents neighbors that she was afraid of her mother and what might happen to the family. 3375. 103, 2 L.Ed.2d 9 (1957) (per curiam). at 316, 115 S.Ct. Her 7-year old daughter Cheryl died but her 3-year old son Danny and her 8-year old daughter Christie survived. Christie Ann, born in 1974, is the eldest of the Downs children, and Stephen Daniel, known as Danny, born in 1979, is the youngest. It was a huge accusation and one that didnt end well. See Downs v. Schiedler, 124 Or.App. Here, doctors were immediately greeted to a scene straight out of a horror movie, as the vehicle was filled with blood and three injured children all fighting for their lives. In the end, Diane and Steve Downs decided to go their separate ways. Contact us. Then she met Steve Downs at Moon Valley High School. However, the phone call was enough to tell investigators that Diane had once been involved in an affair with the married father. Evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. To start, there was no blood spatter found anywhere on the drivers side of the car, which would have been there if Diane had been shot in the way she said. To explore other posts click on the forum tab and go to the category listed for. 2052. Downs also argues that the district court erred by failing to hold a limited evidentiary hearing for the purpose of hearing Christie's testimony. In fact, she was born Elizabeth Diane Frederickson on August 7, 1955, and raised in Phoenix, Arizona. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. Her escape and evading the law meant Diane was eventually sentenced to an additional five years. A little over a month since the start of the trial, on June 17, 1984, they announced they found Diane Downs guilty on all three charges. Downs also argues that trial counsel's failure to challenge the competency of Christie . . Its unclear what made Diane Downs parents dislike Steve, but they made their feelings clear. The facts underlying the claim are insufficient to establish by clear and convincing evidence that, but for the alleged constitutional error, no reasonable fact finder would have found her guilty. 3469, 77 L.Ed.2d 1201 (1983). 211, 861 P.2d 1046 (1993), rev. You have the Colonnades Shopping Centre . More from this show. He then allegedly shot all three children once each before aiming the weapon at Diane. Diane Downs gave birth to four children. Just because Christie Downs has revealed small details about herself doesnt mean that Danny Downs is ready to do the same. Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. The email address cannot be subscribed. Now that she was gone, Robert could focus on the family he already had. Ultimately, Diane was diagnosed with a host of mental issues, such as antisocial, histrionic, and narcissistic personality disorders. See State v. Downs, 83 Or.App. John Reginald Halliday Christie (8 April 1899 - 15 July 1953), known to his family and friends as Reg Christie, was an English serial killer and alleged necrophile active during the 1940s and early 1950s. The investigators spent weeks putting all the evidence together and covering every aspect of the tragic events to ensure they had all the facts before confronting Diane Downs. They also had her two siblings who needed a host of treatments if they stood a chance of surviving. . (Downs was denied access to her daughter both before and after the trial. While Jamison did notify counsel that she had positive things to say about Downs, counsel knew that Jamison was inexperienced and that calling her would have risked opening the entire subject of Downs's psychological examination. Danny Downs survived but was paralyzed. On the witness stand, the young girl was asked if she remembered who shot her. 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. at 1091 n. 3. The Cinemaholic continues to state that Steve was one of the only people who saw Diane as someone who was anxious and determined to assert her independence instead of someone most considered to be an outsider. Christie told Vergamini that she did not remember the shooting and that she was genuinely confused about what happened. 14 2. POST-TRIAL EVIDENCE IN THE 1983 CASE OF DIANE DOWNS:Many years after Diane Down's trial, additional evidence surfaced. PROSECUTOR'S REFERENCE TO DEVIANT SOCIOPATH DIAGNOSIS DURING CROSS-EXAMINATION. She allegedly stated she would end her life so that Robert was free and single and he could be with Diane without anyone getting in the way. All rights reserved. Diane Downs WikiMili The Best Wikipedia Reader. 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. We are a welcoming and caring place that offers social, recreational and educational activities. Its said that things often went from bad to worse. Moreover, even if Downs could show deficient performance, the record does not establish a reasonable probability that, but for counsel's alleged ineffective performance, the result of the proceeding would have been different. Unless Downs can show bad faith on the part of the prosecution, failure to preserve potentially useful evidence does not constitute a denial of due process. Downs raises three additional claims: (1) that the trial court's refusal to grant a continuance in order to accommodate her choice of new counsel violated her Sixth Amendment rights and denied her effective assistance of counsel; (2) that the trial court's charge to the jury to enter verdicts on the agreed upon counts and continue deliberating on the remaining count was coercive; and (3) that appellate counsel's failure to raise these issues on appeal denied her effective assistance of counsel. However, being charged with taking her daughters life and attempting to end her other daughter and sons lives was enough to see she would never raise her child. It wasnt until Diane had arrived in her new home and got the family settled that she learned the truth. The state court granted the state's summary judgment motion on this claim. Downs then sought postconviction relief in state court. They also wanted to strengthen their case to prove what Diane was really like as a person. The postconviction court found that trial counsel had adequately reviewed all available evidence and dealt with it properly at trial. I. To overcome the procedural bar, Downs's Strickland and Brady claims must be so substantial as to bring the case within the narrow class of cases implicating a fundamental miscarriage of justice. Id. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It was a suspicion that ultimately had tragic consequences for the Downs family. So what happens when theyre the ones who try to end your life? Diane Downs ultimately ended up getting shot in the forearm before she supposedly managed to escape the attacker and flee to a hospital in Springfield, Oregon. at 694, 104 S.Ct. Family Photo Diane Downs' children, Christie Downs (standing), Stephen "Danny" Downs (left), and Cheryl Downs (right). Diane explains why she got pregnant during her infamous trial. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. What the world didnt know was about all the lies and deceit going on behind closed doors. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. Diane Downs gave birth to four children. Tragically, it was the case for Christie Downs. Christie Downs is a southern suburb located in the more outer parts of the Adelaide Metropolitan area. Christie named her daughter Cheryl after her deceased sister. In the end, Diane was labeled as a deviant sociopath by a team of psychiatrists. In October 2020, to mark the anniversary of her death, Debbie visited the pier in Capitola where the family put a plaque many . Trial counsel stated that he did not call Vergamini because it would have involved very little, if any, benefit and a great deal of risk and would have duplicated other testimony. We find no clear error. This was even more of a worry when the world learned the prison where Diane had been living was just 66 miles away from the Downs childrens new home, meaning she could easily cover that ground. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. While the state provided her with four reports, Downs did not receive information on some 100 leads contained in the sheriff's file, including pictures and names of suspects, license plate numbers of vehicles matching the description given by Downs, and names and phone numbers of citizens and law enforcement officials with potentially relevant information. As if that wasnt enough, no one has spotted Steve Downs in public throughout the years or heard him talk about his surviving children, Christie and Danny. Theres a good chance Robert Knickerbocker never told Diane Downs why he wanted their relationship to end. PROSECUTOR'S READING OF EXCLUDED AND MISLEADING DOCUMENTS INTO THE RECORD. 11 I, Christie Hugi, being first duly sworn on oath, depose 12 and say: 13 1. 1945, 123 L.Ed.2d 651 (1993). The pair were both at the school throughout the 1970s, with The Cinemaholic reporting the couple quickly had a brief high school romance that saw them fall head over heels for one another. 851. Diane Downs wasnt always known by that name. 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. No one was entirely sure why the mom wanted to leave a stable job and being surrounded by her friends and family. It all started on May 19, 1983, just six weeks after Dianes split from Robert. Christie testified at trial that she saw her mother open the trunk of her car and then shoot each of the three children. Dr. Hyman.pdf - Diane Downs. However, she now regrets this and believes Diane is nothing more than a monster., Become part of our community of travelers to receive exclusive tips, tricks and travel expert secrets, By Hannah Pennington, Published on Jun 14, 2022, Thats because the forensic evidence didnt match her version of events. They also had to prove that Diane planned the event and shot herself to try and make the crime seem genuine. CHRISTIE DOWNS. However, many couldnt believe their eyes when they saw Diane was pregnant as she arrived at the trial. If one word plays into the scenario over and over, it is "emotion" and that is indeed a raw, powerful determiner of guilt in many cases . 500, 142 L.Ed.2d 521 (1998), cert. He admitted to investigators that he was instantly relieved when Diane left. It appears he thought Diane would forget all about the affair and eventually find someone new to romance, leaving Robert to live his life. After the accident, Christie Downs, who was a witness and a survivor in the case involving her mother, is now 48 years old and has a speech handicap as a result of the incident. Witnesses? Downs's gun was last seen in her possession in 1983. Christie was quickly rushed to intensive care for treatment. Isaiah Chapter 41 Verses 10-13 . Christie Downs was only five when her parents . Today, the story of the siblings continues to be a worldwide discussion, with many wondering what happened to them after their ordeal. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. To start, investigators had no idea that Robert had once been romantically linked to Diane. Downs testified that her tire was fully inflated upon arrival in her driveway, during the altercation, and before Gillihan went to her tire. In the end, the prosecutor kept fighting until Diane was moved as far away as possible. at 329, 115 S.Ct. We note particularly Christie's first substantive interview on June 1, 1983, referred to by counsel in oral argument, in which she recounted, in the presence of Dr. Wilhite and nurse Zaklan (and for a time Paula Krogdahl, a retired childcare worker), that she remembered going for a ride with her mother, sister, and brother and no one else in the car on the day she was hurt, and that there were no males present on the night of the shooting. denied, 525 U.S. 1058, 119 S.Ct. Once she understood what had happened, the authorities asked Christie what happened and who shot her and her siblings. We therefore see no clear error in the rejection of this claim. The video is accessible via this link: KGW archives. 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. We would like to show you a description here but the site won't allow us. In Christie Downs, of people aged 15 years and over, 62.1% did unpaid domestic work in the week before the Census. 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. 851. After high school, she joined the Pacific Coast Baptist Bible . 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. 1168, 145 L.Ed.2d 1078 (2000). She was just a child when her mom tried to take Christie and her siblings out of this world. Tragically, its also reported that Danny still lives partially paralyzed, something thats unlikely to ever change. However, the law at the time also stated she could apply for a parole hearing every two years until she was finally released or passed away in prison. at 315, 115 S.Ct. Danny and Christie Downs made headlines in the 80s when their mother took them to hospital with fatal bullet wounds. As discussed above, Downs's Brady claim is not persuasive and so cannot support her gateway claim either. The couple reportedly often argued about money and how they would pay the bills. At last, they decided it was time to tell the mother what they believed really happened. The state court's finding that there was nothing improper about the question and that it was not ground for a mistrial was not clearly erroneous. Downs's conviction was affirmed on appeal by the Oregon Court of Appeals without opinion and the Oregon Supreme Court denied review in 1987. 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. Video Testimony, Transcripts, and Exhibits of Staff and Outside Advisors Released Today. She was followed by Cheryl, born on January 10, 1976, and Stephen Daniel Danny Downs, who entered the world on December 29, 1979. Here, Douglas stated that Diane continued to fail to demonstrate any honest insight into what really happened in the car. 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. It might come as little surprise that Fred Hugi was worried that Diane Downs would come to try and take Christie and Danny away. 18 3.1 testitifed. 2254(e)(1). I . 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