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Fifth Circuit grants a COA

By Karl R. Keys, Esq.

The Fifth Circuit has granted a COA in Gary Johnson v. Quarterman, No. 07-70043 on issues relating to whether: [ ] The State?s suppression of evidence that two of the State?s witnesses at trial had been hypnotized violated Johnson?s due process rights under Brady v. Maryland, 373 U.S. 83 (1963); and [ ] Johnson?s trial counsel rendered ineffective assistance by calling Johnson?s brother, Terry, as a witness at the guilt phase of trial. Additionally, the panel will address, in its opinion the third question of whether: The district court erred by refusing to consider the affidavits of attorneys on the issue of whether Johnson?s trial counsel rendered constitutionally ineffective assistance;

Full post as published by Capital Defense Weekly on September 10, 2008 (boomark / email).