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: Capital Defense Weekly

Looking towards the next edition

By Karl R. Keys, Esq.

The next email edition should be going out Monday night. The initial review of recent cases either handed down since the last edition or not otherwise available last week includes: SCOTUS Wellons v. Hall, No. 09?5731; 2010 U.S. LEXIS 762 (1/19/2010)  Our earlier coverage.  “In a capital habeas matter, the petition for certiorari is granted and the court of appeals’ order is vacated and remanded where the court of appeals incorrectly held that the habeas petition, which claimed that petitioner was denied discovery into the issue of whether there had been improper communications between the judge and jury, was procedurally barred based on an insufficient record, contrary to Cone v. Bell, 556 U.S. ___ (2009).”  [FindLaw] “Finding that an inmate’s claims of misconduct by jurors, the judge, and a bailiff during the inmate’s capital trial were procedurally barred was error since a state court’s refusal to review the merits of the claims did not bar federal habeas review and reconsideration was thus required of whether the inmate was entitled to an evidentiary hearing...continue to full post

Full post as published by Capital Defense Weekly on January 25, 2010 (boomark / email).