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NC grant of relief

By Karl R. Keys, Esq.

I usually avoid covering trial level grants of penalty phase relief in either state or federal courts as they are so often reversed on appeal, however, Death Watch’s coverage leads me to suspect the grant of relief in Jimmy McNeill?s case won’t be appealed successfully by the State. In Scotland County, a judge has vacated Jimmy McNeill?s death sentence.  McNeill has been on death row since 2003 for the shooting of his wife, Shirley. During jury selection and multiple times throughout the trial, the judge explained the procedure of a capital case to the jury, and admonished them not to speak with persons outside the courtroom about their jury service.  All of the jurors agreed to follow the judge?s instructions. Despite her promise, one juror sought out the advice of her pastor, who was also a probation officer, during the sentencing phase...continue to full post

Full post as published by Capital Defense Weekly on March 23, 2009 (boomark / email).