Criminal Law

the email edition for cases decided since mid-March

Posted on March 28, 2011
It is that time again.  The new weekly email edition is here: The Georgia Supreme Court this week leads the way. In David Aaron Perkins v. Hall the Georgia Supreme Court set aside a death sentence because of ineffective assistance at the penalty phase...

first look

Posted on March 27, 2011
Several dispositions missed last week will lead off this week, as well as continuing zealous advocacy around lethal injection claims.  Thanks to several colleagues for forwarding the fruits of their work. In favor the Condemned Bryant v. State, 2011 Ga...

first week of spring edition

Posted on March 22, 2011
From this week’s edition: The lede this week, the Supreme Court has granted certiorari in Maples v. Thomas. The cert petition is here. The Constitution Project’s amicus brief in support of the case is also available.  As Adam Liptak notes “Sullivan & Cromwell, had agreed to represent Cory R...

first look

Posted on March 21, 2011
More wins than last week, after the jump: In favor of life State v. Vincent W. Jackson,  2011 Ohio App. LEXIS 863; 2011 Ohio 986 (9th Ohio App 3/7/2011)  Interlocutory appeal improvidently granted  as to the trial court?s order regarding production of the name of grand jury witnesses “for an in camera inspection...

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Running late

Posted on March 20, 2011
We’ll get everything out by Tuesday morning, running late on case law (more than usual decisions at just under 100 decisions).

BREAKING: DEA seizes Georgia’s sodium thiopental

Posted on March 15, 2011
From wire sources: The Drug Enforcement Administration on Tuesday seized Georgia’s supply of a key lethal injection drug less than two months after the state executed a man who unsuccessfully argued it was bought from a “fly-by-night” supplier in England...

first look at the St. Patty’s Day week edition

Posted on March 14, 2011
As sometimes happens, the best cases are in the noncapital ones.  Of course, the continuing wave of repeal is the story of the week. More after the jump. For the Prosecution or Executioner Ricky Jovan Gray v. Warden, 2011 Va. LEXIS 62 (Va. March 4, 2011)  ?A habeas petitioner was granted a writ as to [...

St. Patty’s week editon

Posted on March 14, 2011
From this week’s edition The Lede this edition comes from Illinois.  As most know, Illinois this week became the latest state to repeal its death penalty. DPIC notes “the governor also commuted the death sentences of the 15 people on the state’s death row to life without parole...

this week’s edition

Posted on March 08, 2011
From the next edition: Leading off this week is the Supreme Court’s decision in Henry Skinner v. Switzer. As most people know, the decision’s holding, “[a] convicted state prisoner seeking DNA testing of crime-scene evidence may assert that claim in a civil rights action under 42 U...

slightly behind

Posted on March 07, 2011
For reasons beyond my control, we’ll be a day late this week.

missed in the past edition

Posted on March 01, 2011
A few of stories missed in the last edition: Apparently those who do federal indigent defense on CJA panels may go without paychecks until October; Are you a federal panel attorney thinking about taking on some extra work to cover this bills?  The ABA has this cautionary tale; The Court on Tuesday whittled away at [...

last Monday in February edition

Posted on March 01, 2011
This week’s edition is now available. From the intro: Leading off this week is a noncapital case from the Pennsylvania Supreme Court, Comm. v. Anthony Wright. The Wright Court held that the mere fact that a person makes an inculpatory statement does not bar them from requesting postconviction DNA testing...

first look at the last edition of meteorological winter

Posted on February 27, 2011
From the upcoming edition, no capital wins noted so far.Death Pablo San Martin v. Secretary, 2011 U.S. App. LEXIS 3529 (11th Cir 2/23/2011) Petitioner?s assertion that the ?two-week delay in his receipt of actual notice of a United States Supreme Court order triggering the commencement of the one-year statute of limitations? under AEDPA does not [...

interesting new lethal injection development

Posted on February 22, 2011
via Stand Down,  ”British death drug ‘failed to work’,” is the UK Press Association report, via Google News. A third American prisoner died in agony after an anaesthetic supplied by a British company failed to work properly, it has been claimed...

sneak peek

Posted on February 21, 2011
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...

Presidents’ Day week

Posted on February 21, 2011
From the current edition of the weekly: Leading off this edition is a decision we missed last week, State v. Willie Herring, from Ohio’s Seventh District Court of Appeals. Herring is a bread and butter ineffective assistance of counsel claim.  Speciically, trial counsel’s mitigation investigation missed some rather low hanging fruit concerning a bad childhood, substance [...

Valentine’s week edition

Posted on February 16, 2011
The Valentine’s week’s edition is now available: Leading off this week is the Third Circuit’s ruling in James Lambert v. Beard. The panel in Lambert granted relief on Brady grounds. The Commonwealth apparently conceded before the panel that the trial prosecutors failed to disclose evidence that its key witness initially indicated someone other than Mr...

New’ish resources

Posted on February 14, 2011
The Great Recession hasn’t been kind to my ability to dart out of the office early.  Business is up, way, way up, which was great when I was in private practice, not so much as a line trial public defender.

Valentine’s Day delay

Posted on February 14, 2011
Enough said, we’re publishing Tuesday pm instead.

first look

Posted on February 13, 2011
First look at this week’s edition includes: Favorable for the Accused or Condemend: James Lambert v. Beard, 2011 U.S. App. LEXIS 2333 (3rd Cir 2/7/2011) Relief  granted on Brady grounds.  The Commonwealth apparently conceded that at trial counse failed to disclose evidence that the lynchpin witness of the prosecution initially indicated someone other than Mr...

Midweek catch-up

Posted on February 08, 2011
A number of stories we?ve either missed or that have been developing in recent days On Monday, the Third Circuit in James Lambert v. Beard granted relief on Brady grounds.  The Commonwealth apparently conceded that at trial counse failed to disclose evidence that the lynchpin witness of the prosecution initially indicated someone other than Mr...

Superbowl week edition

Posted on February 07, 2011
From this week’s edition: A series of hard fought, but  unsuccessful, cases dominate this edition. The best  of this bad bunch include the Six Circuit’s denial of relief in  Ralph Baze, Jr. v. Parker holding the All Writs Act, despite the  statutory right to counsel in clemency,  does not mean federal courts have “the power [...

a bloody first look

Posted on February 06, 2011
Not a very nice next edition.  A series of hard fought losses appear to dominate, after the jump. FOR THE EXECUTIONER 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 [...

not running this week

Posted on February 01, 2011
Scheduling SNAFU’s prevent the weekly from running this week. My apologies.

first look

Posted on January 30, 2011
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 [...

this week’s edition

Posted on January 25, 2011
From the intro to this week’s edition Leading off this week are two Supreme Court opinions, Premo v. Moore & Harrington v. Richter. Simply put, these were narrow federal habeas opinions with sharp language aimed at the Ninth Circuit.  Harrington stands for the proposition that a denial of relief in the state courts, without explanation, [...

Stay in Georgia

Posted on January 25, 2011
Supreme Court Justice Clarence Thomas Tuesday stopped the execution of Emmanuel Hammond in Georgia. Hammond’s defense team has questioned the legality of using execution drugs that it said came from a company operating out of a driving school in London...

first look at this week’s edition

Posted on January 24, 2011
This week’s edition will look at the SCOTUS’s two habeas decisions from last week (Harrington v. Richter & Premo v. Moore), as well as  the decision by Hospira to stop selling a key drug in most states’ lethal injection protocol...

Martin Luther King, Jr., week edition

Posted on January 17, 2011
Martin Luther King, Jr., week edition is now available. From the intro: Leading off this week are two stays from the United States Supreme Court.  In Cleve Foster v. Texas, the Court granted a stay  pending the disposition of a cert petition. The Texas Court of Criminal Appeals denied relief on a successive state postconviction [...

A stay in Alabama?

Posted on January 13, 2011
The Supreme Court has issued a brief stay of execution in a jury override case in Alabama.  The apparent question is not whether overrides comport with the Sixth Amendment, but rather trial counsel’s performance during plea negotiations.

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