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: Capital Defense Weekly

this week’s decisions

By Karl R. Keys, Esq.

This week’s selection of cases offers a few exceptionally large cases, a couple of wins, and many losses. Warren Darrell Rivers v. Thaler, No 09-70031 (5th Cir 8/5/2010)(unpublsihed) State appealed the district court’s grant of relief on jury instructions under Penry I.  Mr. Rivers appealed the denial of a COA on his Batson claims. District court affirmed in its entirety. Mark Dwyatt Brown v. State,  2010 Ala. Crim. App. LEXIS 65  (Ala. Crim. App 7/30/2010) “Based on the trial court’s instructions, the jury could have found Brown guilty of capital murder if he intended to commit another felony, i.e., first-degree robbery, first-degree burglary, second-degree burglary, or arson, but did not intend to kill the deceased or another person...continue to full post

Full post as published by Capital Defense Weekly on August 09, 2010 (boomark / email).