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Relief in the First Sra

By Karl R. Keys, Esq.

The Delaware Supreme Court on Tuesday granted relief in James Cooke v.  State, No. 289 & 324, 2007. The Court granted relief on the breakdown of the attorney-client relationship, counsel’s  decisi0n to use a GBMI defense rather than a more traditional denial of guilt defense sought by the Accused, and the trial court’s failure to step in to the fray between counsel and client.  The opening paragraph encapsulates well the gist  of the opinion: In this capital case, we address whether defense counsel may introduce evidence incriminating their client at the guilt/innocence phase and then argue that a competent defendant is ?guilty but mentally ill? of the crimes charged when the defendant expressly objects to this strategy, asserts his factual innocence, denies mental illness, and so testifies before the jury...continue to full post

Full post as published by Capital Defense Weekly on July 21, 2009 (boomark / email).