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Criminal Law

: Capital Defense Weekly

weekly

By cdw

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The weekly email edition is now available. From the intro: Leading off this edition is the Delaware Supreme Court’s decision in  James Cooke v.  State. The Court granted relief on the breakdown of the attorney-client relationship, counsel?s  decision to use a guilty but metnally ill 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 27, 2009 (boomark / email).

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