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Criminal Law

Capital Defense Weekly

Covering Capital Defense
By Karl R. Keys, Esq.

Post Frequency: 17.8/day

Last Entry: March 28, 2011 at 23:29:51

A wowser Tuesday

Posted on January 11, 2011
On Tuesday: Tennessee Governor Phil Bredesen commuted Edward Jerome Harbison‘s death sentence to life without parole. ?It?s obviously a heinous crime, but when I compare it to others I don?t think it rose to the level of a death penalty crime,? Bredesen told The Associated Press in an exclusive interview...

first look at the first edition of 2011

Posted on January 09, 2011
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...

too slow to run this edition

Posted on January 03, 2011
As happens most years at this time, we’ll not run this week. Two cases from the Alabama Supreme Court will likel lead off the next edition,Ex parte Kenneth Eugene Billups& Ex parte Jimmy Lamar Killingsworth, Jr. In both cases the trial judge overrode the jury’s recommendation, 7-5, to death...

first look

Posted on January 02, 2011
As has been the standard routine over the last fourteen holiday seasons since we first posted, the weeks surrounding the Christmas holiday have been quiet. Links are not yet available for the Alabama Supreme Court’s two grants of relief (although both are available on Lexisone & Lexis)...

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final edition of 2010

Posted on December 28, 2010
This week’s edition marks the end of 2010 including much good news from the year end DPIC report: Leading off this edition are two opinions from the Alabama Court of Criminal Appeals. In, Kenneth Eugene Smith v. State, a judicial override to death, a remand is ordered where the?trial court ...

First look

Posted on December 26, 2010
The blustery final edition of the weekly for 2010 should be out early in the week. As far as noted decided cases: US Kenneth Eugene Smith v. State, 2010 Ala. Crim. App. LEXIS 131 (Ala. Crim. App. 12/17/2010) Judicial override (11-1 for life) to death...

Christmas week scheduling

Posted on December 20, 2010
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: [...

Christmas week edition

Posted on December 20, 2010
This week’s edition is now available: Leading off this edition is the Sixth Circuit’s decision in Archie Dixon v. Houk. In that decision the panel held that the police in Mr. Dixon’s case improperly questioned first and warned later...

mid-trial, won’t run this week

Posted on December 12, 2010
The title says it all. As soon as the case is to jury we’ll go out with the next edition.

first full week in December edition

Posted on December 07, 2010
From this edition: Leading off this edition is the Arkansas Supreme Court’s decision in Jimmy Don Wooten v. State. On an odd set of facts, in this a 5-2 decision, the Arkansas Supreme Court held that Mr. Wooten could can pursue his claims in a new postconviction proceeding relating to claims trial counsel was ineffective [...

first look on the first Monday in December

Posted on December 05, 2010
A first look at decisions from the next edition: In favor of the Accused or Condemned Eugene Woodard v. Mitchell, 2010 U.S. App. LEXIS 24761; 2010 FED App. 0749N (6th Cir. 12/2/2010) (unpublished) “The state concedes that the new mitigating evidence is substantially different in subject matter from that presented at trial, but denies that [...

mid-week update

Posted on December 01, 2010
From our field sources: The stay order for Stephen West from the Tennessee Supreme Court is here. The docs relating his litigation that got the stay is here. All stay docs, for his and all other Tennessee cases are here. A floor fight is underway in Illinois on whether Illinois will, or will not, repeal [...

last edition in November

Posted on November 29, 2010
From the intro, as previously foreshadowed (pdf/html): This edition looks at two recent cases addressing indigent defense, one capital, State v. Mata from Nebraska, and the other noncapital, Simmons v. State Public Defender from the Iowa Supreme Court...

first look

Posted on November 29, 2010
The next will address system issues in the representation of poor people through the lens of two cases, Simmons v. State Public Defender from the Iowa Supreme Court & State v. Mata from across the river in Nebraska. John Wesley Hall, Jr., pegged Simmons when he noted it “is a remarkable opinion worthy of being [...

Turkey week edition

Posted on November 23, 2010
From the intro (pdf/html): Favorable opinions from Texas lead off this edition. The Texas Court of Criminal Appeals has granted a new trial in Ex parte Roderick Dashad Newton due to Brady error; lest you think the CCA is softening, the State conceded error...

first look at case law

Posted on November 22, 2010
From the coming edition: In favor of the condemned Ex parte Roderick Dashad Newton, NO. AP-76,456 (Tex. Crim. App. 11/17/2010) (unpublished) Remand as State concedes Brady error. Ex parte Arthur Lee Williams, NO. AP-76,455 (Tex. Crim. App. 11/17/2010) (unpublished) Remand ordered on mulitple IAC in-court performance issues, as well as statutory challenge as to whether the Texas [...

up & out

Posted on November 16, 2010
From the intro to this week’s edition: Leading off this edition is the Arkansas Supreme Court’s decision concerning the West Memphis Three in Damien Echols v. State, Baldwin v. State & Misskelley v. State. The Court holds “that the circuit court erroneously interpreted the Arkansas DNA testing statutes” when it denied the three DNA testing...

sneak peek at this week’s edition

Posted on November 14, 2010
This week’s double edition will include the following cases, including what appears to be one heck of an appellate litigation strategy out of Oregon: In favor of Life, Liberty, and/or the Condemned Andrew Reid Lackey v. State, 2010 Ala. Crim. App...

First look at the week ahead

Posted on November 07, 2010
?From the upcoming edition:? Damien Echols v. State, 2010 Ark. 417 (Ark 11/4/2010) “[W]e hold that the circuit court erroneously interpreted the Arkansas DNA testing statutes, we reverse and remand for an evidentiary hearing, at which the circuit court shall hear Echols?s motion for a new trial and consider the DNA-test results ‘with all other [...

Landrigen order

Posted on October 27, 2010
The Supreme Court’s order in Jeffrey Landrigen’s stay litigation is here. Arizona appears to now be free to kill Mr. Landrigen at its leisure.

Last week in October edition

Posted on October 27, 2010
From the intro html/pdf: Leading off this case is the Texas Court of Criminal Appeals opinion in Billy Wayne Coble v. State . Scott Henson at Grits for Breakfast narrows in the core of the opinion: “‘[f]orensic psychiatry is certainly a science; as Dr...

Last week in October edition

Posted on October 25, 2010
This week will be a double edition when it finally gets out (hopefully Monday night/Tuesday morning). Unfortunately I have three trial calls in the morning (following weeks of either trial or multiple trial calls) and have not finished nearly as much reading and research for this week’s edition...

On trial, weekly back next week

Posted on October 18, 2010
Friends, On trial with decades worth of exposure. We’ll return soon.

draft edition available (10/11)

Posted on October 11, 2010
This week’s edition will be out Tuesday morning. The drafts are available at html / pdf.

Pigs fly in ‘bama

Posted on October 10, 2010
Since the last edition, innumerable Alabama decisions, mostly wins. In favor of the convicted or condemned Jarrod Taylor v. State, 2010 Ala. Crim. App. LEXIS 83, (Ala. Crim. App.10/1/2010) State concedes error as the trial court erred in failing to rule on all of the postconviction claims before it...

New Hampshire announces proportionality standards, with an odd twist

Posted on October 07, 2010
The opinion in New Hampshire v. Michael Addison is now available. For proportionality purposes, only cases where death is imposed, but with a twist: We agree that instate case comparison is preferable. Local jury verdicts best express contemporary community values regarding whether the punishment of death is appropriate for a particular crime committed by a [...

first week in October’s edition

Posted on October 05, 2010
This week’s edition now available [html/pdf] Leading off this edition is the Albert Brown stay litigation. In two separate orders from the Ninth Circuit, Michael Angelo Morales and Albert Greenwood Brown v. Cate decided last Monday and Michael Angelo Morales and Albert Greenwood Brown v...

Awaiting the first Monday in October

Posted on October 03, 2010
The Supreme Court on Monday will hand down dozens of cert. denials in criminal and capital cases. While your waiting to figure out how your cases stand: For the defendant or condemned Michael Angelo Morales and Albert Greenwood Brown v. Cate, 2010 U...

No more executions under Gov. Schwarzenegger

Posted on September 30, 2010
California appears to be out of the execution business for the rest of the year. Albert Brown’s execution has been stayed due to problems with its lethal injection protocol and drugs.

A brief reprieve in California

Posted on September 28, 2010
Gov. Schwarzenegger has issued a temprorary reprieve to Albert G. Brown Jr. so that he may exhaust any avenues for relief that he may have left. The execution has been reset for Thursday. His execution would likely be the last of the year in California.

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