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: Capital Defense Weekly

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By cdw

The intro to this week’s edition after the jump: The Ninth Circuit’s decision in Milo McCormick Stanley v. Schriro, leads off this double edition.  In Stanley the panel remands for an evidentiary hearing. Mr. Stanley killed his wife (for which he received a life sentence) and child (for which he received death). The panel remands as trial counsel seems to have failed to make adequate use of evidence, in the penalty phase, that Mr. Stanley suffered from a dissociative state at the time of the murders.  Specifically, counsel failed to adequately inform the defense expert as to evidence relating to Mr. Stanley’s possible “dissociative reaction” at the time he killed his family.The panel holds that the dissociative state may have been used to lessen the degree of moral culpability and negated premeditation...continue to full post

Full post as published by Capital Defense Weekly on March 24, 2010 (boomark / email).