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: Capital Defense Weekly

this week’s edition

By Karl R. Keys, Esq.

This week’s edition is available. From the intro. Numerous defense favorable cases are noted in this edition covering cases since late August.  Leading off, the Sixth Circuit in Gregory Thompson v. Bell remands in this Rule 60(b) appeal.  The Bell panel remands on two separate and distinct sets of claims. The first is a claim concerning competency to be executed under Ford v. Wainwright. The second set of claims concern ineffective assistance of counsel and procedural default.  On the second issue, the panel holds that the Tennessee Supreme Court’s adoption of new rules essentially waiving the need to file claims with that court in order to exhaust the claim for purposes of habeas review means that the prior procedural default finding by the district court was incorrect as to certain claims...continue to full post

Full post as published by Capital Defense Weekly on September 15, 2009 (boomark / email).