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Texas CCA finds procedural bar to considering amor-afflicted death sentence

By Douglas A. Berman

This AP article, which is headlined "No retrial for condemned man after judge-DA affair,"  reports on a notable ruling from the highest criminal court in Texas: A Texas death row inmate won't be able to argue for a new trial, despite admissions of an affair between his trial judge and the prosecutor, a court announced Wednesday. The Texas Court of Criminal Appeals ruled that convicted murderer Charles Dean Hood should have raised concerns about the affair between the now retired court officials in earlier appeals. The ruling overturned a lower court's recommendation that Hood be able to make his case for a new trial based on the affair. How appealing has more, with links to the ruling, in this post.

Full post as published by Sentencing Law and Policy on September 16, 2009 (boomark / email).