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A notable capital affirmance?

By Karl R. Keys, Esq.

The Seventh Circuit on Monday affirmed both the conviction and death sentence in United States v. Odell Corley, Nos. 05-1120 & 05-1798. Notable in the panel’s opinion is what is missing. Specifically, the Government below was challenged on its use of peremptories in violation of Batson v. Kentucky. Despite facts not that dissimilar to those in Snyder v. Louisana, at least at first read, the panel affirms without once mentioning the Court’s latest examination of Batson. Other than the Batson issue, the panel’s opinion appears, again at first read, as unremarkable. Relief was denied, on teh remaining claims, relating to the introduction of unadjudicated conduct at sentencing, the improper cross-examination by the Government of the Defendant (once in the guilt phase & once in the sentencing phase), statement made by the prosecution during closing arguments, and the court’s refusal to give a residual doubt instruction or to allow a residual doubt argument...continue to full post

Full post as published by Capital Defense Weekly on March 25, 2008 (boomark / email).