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The week in losses

By cdw

Losses galore this week  In Brian Thomas v. Horn the Third Circuit reverses the grant of penalty phase and remands for an evidentiary hearing on trial counsel’s pretrial workup for the penalty phase.  In Richard Bibble v.  Ryan the Ninth Circuit affirms the denial of penalty phase relief as there was no reasonable probability that the sentencing judge would  have reached a different result even if defense counsel had performed adequately.  In Davy Stephens v. Branker the Fourth Circuit denies relief, according to Findlaw, “where Petitioner’s ineffective assistance claim failed,  because he did not demonstrate that the conflict of interest  allegedly affecting his counsel adversely affected counsel’s trial  performance...continue to full post

Full post as published by Capital Defense Weekly on July 02, 2009 (boomark / email).