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And from the almost never heard from Second Circuit

By Karl R. Keys, Esq.

In Humberto Pepin v. the United States, a pretrial capital case from the federal Eastern District of New York, the Government appeals to the Second Circuit certain evidentiary rulings. Specifically, the Government sought relief from the trial court’s exclusion of evidence of child abuse by the defendant and evidence relating to the defendant’s previous conviction for child endangerment, as well as the trial court’s exclusion of evidence of post-mortem dismemberment of the victims in both the guilt and penalty phases of the trial. The panel affirms the exclusion of the child abuse evidence, but remands on evidence of post-mortem dismemberment. [original post modified for clarity]

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