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: Capital Defense Weekly

Us & them

By Karl R. Keys, Esq.

The Weekly edition is likely to go out sometime on Wednesday. Noted since the last edition: US Harry Mitts v. Bagley, 2010 U.S. App. LEXIS 18736; 2010 FED App. 0291P (6th Cir 9/8/2010) ” Beck compels that proper instructions must make clear that the jury does not have to complete its death deliberation before considering a life sentence, Mitts’ due process rights were violated. Under Beck, a jury instruction violates due process if it requires a mandatory death penalty sentence that can only be avoided by an acquittal before the jury has an opportunity to consider life imprisonment. Accordingly, the holding of the Supreme Court of Ohio was contrary to clearly established federal law as determined by the Supreme Court of the United States in Beck v...continue to full post

Full post as published by Capital Defense Weekly on September 14, 2010 (boomark / email).