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: Capital Defense Weekly

case law from the last few weeks of July

By Karl R. Keys, Esq.

After the jump, the case law for the next edition.  Surprisingly a Red State win: In favor of the Accused or the Condemned State v. Douglas Anderson Lovell,  2010 UT 48; 2010 Utah LEXIS 112 (Utah 7/27/2010) Permission to withdraw a plea of guilty, that subsequently resulted in a death sentence, granted. At the time of the guilty plea Mr. Lovell was not informed of the “presumption of innocence” and “speedy public trial before an impartial jury.”  “When a trial court fails to inform a defendant of his rights, the defendant cannot knowingly and voluntarily enter a guilty plea because he lacks the information required to fully understand this decision.” State v. Chauncey S. Starling, 2010 Del. Super. LEXIS 296 (Del Super 7/20/2010) ” Agreements between a prosecutor and probation officers of a key witness, as well as understandings between the prosecutor and the witness regarding his testimony at an inmate’s trial, were to be disclosed in postconviction proceedings to the inmate, who was convicted of first degree murder and sentenced to death...continue to full post

Full post as published by Capital Defense Weekly on August 01, 2010 (boomark / email).