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: Capital Defense Weekly

first look at case law

By Karl R. Keys, Esq.

From the coming edition: In favor of the condemned Ex parte Roderick Dashad Newton,  NO. AP-76,456  (Tex. Crim. App. 11/17/2010) (unpublished) Remand as State concedes Brady error. Ex parte Arthur Lee Williams,  NO. AP-76,455 (Tex. Crim. App. 11/17/2010) (unpublished) Remand ordered on mulitple IAC in-court performance issues, as well as statutory challenge as to whether the Texas statute “requires a mandatory death sentence if the jury answers the special issues in the affirmative even if the jury believed that applicant did not deserve to die.” Kenneth Clair v. Ayers, 2010 U.S. App. LEXIS 23693 (9th Cir 11/17/2010) (unpublished) Trial court erred in not appointing counsel in this capital habeas matter. “Because Clair has been appointed new counsel on appeal, and because the district judge has retired, the most reasonable solution to the conundrum of how to correct on remand the district court’s abuse of discretion is to treat Clair’s current counsel as if he were the counsel who might have been appointed had the district court properly exercised its discretion in response to Clair’s request for new counsel...continue to full post

Full post as published by Capital Defense Weekly on November 22, 2010 (boomark / email).