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: Capital Defense Weekly

not a good week

By Karl R. Keys, Esq.

The last full week of August reveals a large number of losses, and a lone federal trial court win Defense Timothy O’Reilly, having been convicted of murdering an armored car guard during a robbery, was sentenced to life following a jury trial in the Eastern District of Michigan. Prosecution John M. Stephenson v. Wilson, 2010 U.S. App. LEXIS 17832 (7th Cir 8/26/2010)  Grant of guilt & penalty phase relief on federal habeas corpus based on counsel’s failure to object to the condemned’s wearing a stun belt during the trial reversed, even though jurors (as noted in post-trial affidavits) noted their awareness that the condemned was in fact so dressed.  Guilt phase relief is vacated outright and denied on the merits.  Penalty phase grant of relief is remanded with instructions for consideration of the claim...continue to full post

Full post as published by Capital Defense Weekly on August 29, 2010 (boomark / email).