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: Capital Defense Weekly

first look

By Karl R. Keys, Esq.

First look after the jump.  An unusually large amount of cases, many favorable.  Apologies for the delay: Defendant, Life, Liberty Holland v. Florida, No 09-5327 (6/14/2010) “In a capital habeas matter, the Eleventh Circuit’s affirmance of the denial of petitioner’s habeas petition is reversed and remanded where: 1) 28 U.S.C. section 2244(d), the AEDPA statute of limitations, is subject to equitable tolling in appropriate cases, and the per se standard employed by the Eleventh Circuit was too rigid;  and 2) the district court incorrectly rested its ruling not on a lack of extraordinary circumstances (which may well be present), but on a lack of diligence.” [via FindLaw] Hill v. Schofield,   08-15444 (11th Cir 6/18/2010) “In a capital habeas matter, the denial of petitioner’s habeas petition is reversed where Georgia’s requirement of proof of mental retardation beyond a reasonable doubt necessarily would result in the execution of the mentally retarded, and thus the Georgia Supreme Court’s decision was contrary to the clearly established rule of Atkins...continue to full post

Full post as published by Capital Defense Weekly on June 22, 2010 (boomark / email).