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: Capital Defense Weekly

first look at this week’s cases

By Karl R. Keys, Esq.

No blockbusters this week are noted, so far.  More after the jump; Willie Earl Scottv. State, 2010 Ala. Crim. App. LEXIS 22 (Ala. Crim. App. 3/26/2010)  Relief denied on numerous grounds including  (1)  “circuit court’s adoption of the State’s answer as its order summarily denying his petition;” (2) competence to stand trial; (3) trial court’s interference with the right to consult counsel during the trial; (4) “circuit court used an incorrect standard for pleading prejudice;” (5) “circuit court erred in considering his ineffective-assistance-of-counsel claims individually, without also considering the cumulative effect of the alleged errors;” (6)  guilt phase IAC – (a) “not adequately investigating and preparing for the case;”  (b) “not retaining any experts to assist in his defense;” (c) “not adequately investigating Scott’s competency to stand trial,  for not presenting adequate argument at the hearing on Scott’s competency, and for nor seeking an additional hearing on Scott’s competency in light of his behavior at trial;” (d) “not challenging the consolidation of the charges at trial;” (e) “not exploiting what he says were holes in the State’s case” concerning how the crime was committed; (f) “not challenging two prospective jurors for cause; and (g) for permitting Mr...continue to full post

Full post as published by Capital Defense Weekly on April 04, 2010 (boomark / email).