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Grant of penalty phase habeas relief in case from Arizona

By cdw

In a fairly straightforward application of Smith v. Texas, 543 US 37, 45 (2004), a Ninth Circuit panel grants penalty phase habeas relief in James Styers v. Schriro. Specifically, the Arizona state courts erred in concluding that PTSD was not mitigating factor as they incorrectly concluded there had to be a causal connection between proffered mitigation and the crime.

Full post as published by Capital Defense Weekly on October 23, 2008 (boomark / email).