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Lingering doubt

By Karl R. Keys, Esq.

For the most part reading the California Supreme Court’s capital jurisprudence or almost any courts’ opinion on lingering doubt is much like have sex with a porcupine, not very satisfying. Today, however, the Cali Supreme Court in People v. Gay, the Court did the unthinkable, they reversed on lingering doubt. But it is our firm belief that, notwithstanding this aggravating evidence, there is a reasonable possibility the jury would have selected the lesser but still serious penalty of life imprisonment without the possibility of parole had it been allowed to hear and consider the compelling defense of lingering doubt in full. As other courts have noted, ?residual doubt is perhaps the most effective strategy to employ at sentencing...continue to full post

Full post as published by Capital Defense Weekly on March 20, 2008 (boomark / email).