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Another notable dissent in Tenth Circuit habeas reversal of mass murderer's death sentences

By Douglas A. Berman

Providing a notable case for comparing and contrasting to the Eighth Circuit work in Deegan today (basics here), the Tenth Circuit handed down its own fascinating split sentencing opinion in the capital habeas case of Hooks v. Workman, No. 07-6150 (10th Cir. May 25, 2010) (available here).  The majority opinion affirms the convictions, but reverses five death sentences, that were handed down by an Oklahoma jury to mass murderer Danny Keith Hooks.  A nuanced partial dissent by Judge O'Brien focuses on the need for deference to the affirmance of these death sentences by the Oklahoma Court of Criminal Appeals (the OCCA), and it concludes this way: In sum, the OCCA identified trial errors relating to Oklahoma law.  It also identified and employed the proper federal law for assessing the impact of those errors of state law ? whether, taken as a whole, the errors denied Hooks a fair sentencing hearing...continue to full post

Full post as published by Sentencing Law and Policy on May 25, 2010 (boomark / email).