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Email edition running late

By cdw

The email edition will be late this week as several opinions that should be in the edition have not yet shown up on Lexis. Most notable among the missing is Ricky Sechrest v. Ignacio from the Ninth Circuit.  JoNell @ Harmful Error sums Sechrest ups this way: The Court holds that the prosecutor’s repeated misstatements regarding the likelihood of Sechrest’s release from prison by parole were he to be sentenced to life without the possibility of parole violated his due process right to a fair trial, and that the violation had a substantial and injurious effect on the jury’s sentencing decision.. . . The Court also found that while the prosecutor’s misconduct alone justified its holding, testimony by a psychiatrist exacerbated the prejudicial effect of the prosecutor’s remarks...continue to full post

Full post as published by Capital Defense Weekly on December 07, 2008 (boomark / email).