RYAN, MICHAEL W.

General Information

DOB: August 3, 1948
Race: White
Gender: Male

Crime and Trial

County of conviction: Richardson
Number of counts: 2
Race of victim: White/white
Gender of victim: Male/male
Date of crime: April 29, 1985
Date of sentencing: October 16, 1986

Trial Counsel:

Richard Goos

Louie M. Ligouri

Legal status

Current proceedings:

• (Intentionally left blank)

Last judicial decision:

• Denial of Cert. in U.S. Supreme Court in Ryan v. Nebraska, ___ S.Ct. ___, 2007 WL 812767 (May 14, 2007).

Current counsel:

Michael A. Nelsen
Hillman, Forman Law Firm
7171 Mercy Rd., Suite 650
Omaha, NE 68106
402-397-2868

Email: hfnclm@radiks.net

Steven E. Achelpohl
1823 Harney St., Suite 1010
Omaha, NE 68102
402-346-1900

Email: achelpohl@usa.net

Reported Opinions:

• Denial of Cert. in U.S. Supreme Court in Ryan v. Nebraska, ___ S.Ct. ___, 2007 WL 812767 (May 14, 2007).
   
• Denial of habeas affirmed by Ryan v. Clarke, 387 F.3d 785 (8th Cir. 2004)
   
• Certificate of appealability granted by Ryan v. Clarke, 287 F.Supp.2d 1008 (D. Neb. 2003).
   
• Habeas corpus denied by Ryan v. Clarke, 281 F.Supp.2d 1008 (D. Neb. 2003).
   
• Conviction and sentence affirmed on direct appeal by State v. Ryan, 444 N.W.2d 610 (Neb. 1989), cert. denied, 498 U.S. 881 (1990).
   
• Denial of post-conviction relief affirmed by State v. Ryan, 534 N.W.2d 766 (Neb. 1995)
   
• Denial of second motion for post-conviction relief affirmed by State v. Ryan, 601 N.W.2d 473 (Neb. 1999), cert. denied, 529 U.S. 1100 (2000).
   
• Certain habeas claims held procedurally defaulted (subject to Ryan's ability to demonstrate cause and prejudice), Ryan v. Kenney, 125 F. Supp. 2d 1149 (D. Neb. 2000).

Significant legal issues:

• retroactivity of Ring v. Arizona, in light of the fact that Ryan's aggravating circumstances, were found, and sentence imposed, by a judge
   
• applicability of the deference standard in 28 U.S.C. § 2254(d), since Ryan filed a federal habeas petition before the statute was enacted (which he subsequently dismissed for non-exhaustion, returned to state court, then filed a second habeas petition after AEDPA's effective date)
   
• Ryan's competency to stand trial and competency to be executed
   
• due process and Eighth Amendment claim stemming from an ex parte, in-chambers meeting between the sentencing judge and members of the victims' families

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