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Fifth Circuit grants relief

By Karl R. Keys, Esq.

The Fifth Circuit granted relief on Thursday in Robert Tassin, Jr. v. Cain, No. 07-70013. The panel granted relief, in this facts driven opinion, in light of Giglio, Napue, and Bagley. From the central holding in that opinion Georgina?s attorney testified after trial that he believed, prior to trial, that Georgina would get a ten-year sentence if she testified consistently with her prior statements inculpating Robert and he relayed this belief to her, although emphasizing that nothing was guaranteed. Her attorney recalled meetings with the judge where the possibility of a ten-year sentence was discussed. According to the attorney?s affidavit, the judge stated that he typically gave defendants in Georgina?s position a fifteen- to thirty-year sentence36 but that he might shorten that sentence to ten years if she testified consistently...continue to full post

Full post as published by Capital Defense Weekly on February 15, 2008 (boomark / email).