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: Capital Defense Weekly

email edition

By Karl R. Keys, Esq.

This week’s email edition is now available. From the intro: Leading of this week is the Third Circuit’s holding in Joseph Kindler v. Horn The Kindler panel first grants penalty phase relief under Mills v. Maryland holding the jury charge, verdict form, and the trial judge’s answers to jury questions created a “reasonable likelihood  that the jurors may have believed that they could only consider the mitigating circumstances that they unanimously agreed upon.” The panel also holds counsel’s performance in the penalty phase required a new sentencing hearing as counsel “failed to investigate his social and family history or his mental health history.” I should note that the panel also addresses two unusual attempts to preclude adjudication: improper counting of statutory tolling time (Comm...continue to full post

Full post as published by Capital Defense Weekly on September 14, 2008 (boomark / email).