Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

notable cert denial

By Karl R. Keys, Esq.

The Supreme Court this morning denied cert in Kelly v. California with three justices dissenting and two releasing opinions (Justices Stevens and Breyer).  The issue is whether the video used in support of victim impact went too far.  The SCOTUSblog notes: In the new ?victim impact? cases, Justice John Paul Stevens noted that the Court has not reviewed that type of evidence since its ruling 17 years ago in Payne v. Tennessee ? the first ruling to allow the introduction, in the sentencing phase of capital cases, testimony that seeks to show the impact of the crime on relatives and other survivors of the victim. ?In the years since Payne was decided,? Stevens wrote Monday, ?this Court has left state and federal courts unguided in their efforts to police the hazy boundaries between permissible victim impact evidence and its impermissible, ?unduly prejudicial? forms?...continue to full post

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