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Christmas week scheduling

By Karl R. Keys, Esq.

Still working through the back log that built up over the course of the last few weeks while on trial. We’ll run this week, just not 100% sure when. Us Archie Dixon v. Houk, 08-4019 (6th Cir 12/9/2010) Defendant’s petition for habeas relief from his murder conviction and a sentence of death, is granted where: 1) the Ohio Supreme Court unreasonably applied Miranda in refusing to require the police to terminate interrogation upon exercise of the right to have a lawyer present and in allowing the police to demand involuntary answers by re-instituting the questioning without warnings; 2) the Ohio Supreme Court unreasonably applied Oregon v. Elstad by holding that the deliberate, planned refusal to warn, followed by warnings after confession should be treated the same as the momentary, innocent failure to warn in Elstad; and 3) the Ohio Supreme Court’s ruling that defendant’s confession was voluntary resulted in a decision that was based on an unreasonable determination of facts presented in the state court proceeding, because the “admonition” that defendant should “cut a deal” was not simply “an admonition to tell the truth,” rather, it was part of the coercive strategy to get defendant to confess involuntarily...continue to full post

Full post as published by Capital Defense Weekly on December 20, 2010 (boomark / email).