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: Capital Defense Weekly

email edition posted

By Karl R. Keys, Esq.

From this week’s edition Leading off this edition is last week’s decision from the Ninth Circuit in Ricky David Sechrest v. Ignacio. Sechrest, in some ways, reads like a bar exam if capital habeas corpus was on the exam.  The State in Sechrest argued, erroneously, repeatedly, and impermissibly, in the closing of the penalty phase that the condemned would be subject to release from prison if the jury returned a verdict of life without the possibility of parole.  Additionally, trial counsel was ineffective — in a what were you thinking trial counsel kind of way — when it agreed turne over a damning report from an expert to the State, then stipulated to that witnes being able to be called as a State’s witness, and then not objecting when the State noted the witness was hired by the defense...continue to full post

Full post as published by Capital Defense Weekly on December 08, 2008 (boomark / email).