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: Capital Defense Weekly

first look on the first Monday in December

By Karl R. Keys, Esq.

A first look at decisions from the next edition: In favor of the Accused or Condemned Eugene Woodard v. Mitchell, 2010 U.S. App. LEXIS 24761; 2010 FED App. 0749N (6th Cir. 12/2/2010) (unpublished) “The state concedes that the new mitigating evidence is substantially different in subject matter from that presented at trial, but denies that the new mitigating evidence is substantially stronger. As indicated in the discussion set out above, the proof offered at the penalty phase of Woodard’s trial consisted of “[his] mother and sister testif[ying] that Woodard was a good son and brother and that he deserved mercy.” Woodard made an unsworn statement in which he expressed remorse for the victim’s death, but denied that he was the shooter...continue to full post

Full post as published by Capital Defense Weekly on December 05, 2010 (boomark / email).