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: Capital Defense Weekly

first look

By Karl R. Keys, Esq.

The first look at the new edition reveals what appears to be a clean sweep for the executioner (more after the jump) First read lossses Kelvin X. Morris v. Beard,  2011 U.S. App. LEXIS 1551 (3rd Cir 1/26/2010) Following an evidentiary hearing the district court granted habeas relief based on trial counsel?s representation of an alternate suspect while representing Mr. Morris.  Court holds the district court didn’t err in holding an evidentiary hearing but did err in granting relief.  Remand ordered for further proceedings. Ivan Abner Cantu v. Thaler, 2011 U.S. App. LEXIS 1574 (5th Cir 1/26/2010) Appeal from the district court on federal habeas corpus denied, on “three claims: (1) ineffective assistance of counsel at the sentencing phase, which the [district] court denied on the merits; (2) ineffective assistance of counsel at the conviction phase, which the court [below] dismissed as procedurally defaulted; and (3) actual innocence, which the [district] court dismissed as not cognizable in the Fifth Circuit...continue to full post

Full post as published by Capital Defense Weekly on January 30, 2011 (boomark / email).