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: Capital Defense Weekly

first look at the first edition of 2011

By Karl R. Keys, Esq.

No new wins other than the two cases from the Alabama Supreme Court,Ex parte Kenneth Eugene Billups& Ex parte Jimmy Lamar Killingsworth, Jr., previously noted.   In both cases the trial judge overrode the jury’s recommendation, 7-5, to death. In Billups the Court holds that the introduction “the trial court erred by failing to limit the jury’s consideration [of certain Rule 404(b) evidence] to only those purposes for which the evidence was purportedly offered by the State.” In Killingsworth  friends of the victim’s family, who indicated in voir dire she could not be impartial, improperly sat on the jury where the parties apparently removed a juror with a similar name under the mistaken believe they were removing the biased juror...continue to full post

Full post as published by Capital Defense Weekly on January 09, 2011 (boomark / email).