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: Capital Defense Weekly

out of town

By Karl R. Keys, Esq.

I?ll be out of town for a good chunk of this week so no email edition will run. After the jump, however, a roundup of most of the cases decided in the last week.  For those who normally don’t skim down to the bottom of the post, the “other” list this week has a notable case on habeas powers, Gall v. Scroggy, from the Sixth Circuit.  For the Accused or  Condemened Ex Parte Roy Gene Smith,  2010 Tex. Crim. App. LEXIS 534 (Tex. Crim. App. 4/28/2010) Penry grant.  “[T]he trial court was required to provide a constitutionally adequate vehicle for the jury to fully consider and give effect to [the proffered mitigation evidence. The trial court?s failure to do so ?[went] to the very basis of the case? and ?vitally affected [the applicant?s] defensive theory? at the punishment phase, because the jury had no adequate means to act upon the applicant?s mitigation theory, such as it was...continue to full post

Full post as published by Capital Defense Weekly on May 02, 2010 (boomark / email).