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Newland: No ineffectiveness in failing to establish confession was coerced

By Tim Cone

In Newland v. Hall, No. 05-15981 (May 14, 2008), the Court affirmed the denial of habeas relief to a Georgia death row inmate.The Court rejected the argument that defense counsel was ineffective for failing to introduce in evidence police threats to charge the defendant?s wife with aggravated assault, and murder, to establish that the defendant?s confession was coerced. The Court noted that the defendant waited a full day after hearing the threats before confessing, and, in addition, the wife could have been charged with a crime in connection with the murder.The Court also rejected the argument that counsel was ineffective for failing to investigate Newland?s background, which would have helped him find mitigating evidence and avoid the death penalty...continue to full post

Full post as published by Defense Newsletter Blog on May 16, 2008 (boomark / email).