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Two favorable opinions from the week

By Karl R. Keys, Esq.

At first read, two favorable opinions from the week: Herbert Williams, Jr, v. Allen, 2008 U.S. App. LEXIS 19625 (11th Cir 9/17/2008) In this 9-3 jury override to death penaltyphase relief granted as “trial counsel?s investigation of mitigating evidence in Williams? background fell short of prevailing professional norms, and that the Alabama Court of Criminal Appeals unreasonably applied Strickland” and he has otherwise satisfied both “components of an ineffective assistance of counsel claim.” The district court erred in finding Mr. Williams’ Batson claim procedurally defaulted and as such a remand on that issue is appropriate. Jeffrey Demond Williams v. Quarterman, No. 07-70006 (5th Cir 9/19/2008) (unpubished) “For the reasons stated above, we affirm the district court?s denial of habeas corpus relief on Williams?s claim of mental retardation...continue to full post

Full post as published by Capital Defense Weekly on September 21, 2008 (boomark / email).