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: Capital Defense Weekly

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By Karl R. Keys, Esq.

From the first drafts of the upcoming edition: For the Condemned State v. Willie Herring,  2011 Ohio App. LEXIS 540;2011 Ohio 662 (Ohio 7th App 2/11/2010) ?Based on the foregoing, we must conclude that the trial court’s decision denying postconviction relief was an abuse of discretion. As the United States Supreme Court concluded in Rompilla, the undiscovered mitigating evidence in this case ” ‘ “might well have influenced the jury’s appraisal” ‘ ” of appellant’s culpability and the probability of a different sentence if counsel had presented the evidence is “‘sufficient to undermine confidence in the outcome’” reached by the jury. (Internal citation omitted...continue to full post

Full post as published by Capital Defense Weekly on February 21, 2011 (boomark / email).