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: Capital Defense Weekly

Looking ahead

By Karl R. Keys, Esq.

The SCOTUSBlog has posted its “cert petition to watch list” for the Feb. 15 conference. The most germane cert petition on the watch list is Norris v. Simpson, No.07-653 on “[w]hether a capital defendant may raise a mental retardation claim for the first time on habeas if state proceedings became final before the Court?s decision banning execution of the mentally retarded in Atkins v. Virginia (2002).” [ Opinion below (8th Circuit), Petition for certiorari,]. Other cases up for cert “include whether the exclusionary rule applies to evidence seized during a mistaken arrest due to the error of another law enforcement agency, whether certain inmates have a due process right to explanations for cellblock transfers...continue to full post

Full post as published by Capital Defense Weekly on February 06, 2008 (boomark / email).