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Capital Defense Weekly 
Covering Capital Defense
Post Frequency: 17.8/day Last Entry: March 28, 2011 at 23:29:51 Recent Entries: 1052
By Karl R. Keys, Esq.
Go to Capital Defense Weekly, find other Criminal Law blogs, or browse all law blogs.
Tennessee Commission to issue a report
Posted on February 24, 2009“On February 19, the Tennessee Committee to Study the Administration of the Death Penalty met for the final time. Along with the legislative recommendations on which it had already decided, the Committee voted 12-2 to issue a report highlighting the issues it covered and summaries of the testimony received...
Colorado: key hurdle to repeal overcome
Posted on February 24, 2009“The House Judiciary Committee voted Monday to approve a bill that seeks to abolish the death penalty in Colorado. Money currently used for death penalty cases would instead fund the cold case unit of the Colorado Bureau of Investigation. Supporters of the legislation claim the move would save taxpayers money while also bringing justice to [...
email edition
Posted on February 22, 2009from the weekly email edition: Another week, and another week of no reported appellate wins from Lexis and a sole district court “win.” A federal district court in McNeill v. Branker, 2009 U.S. Dist. LEXIS 11568 (E.D.N.C. Feb. 14, 2009), holds “Petitioner has shown that the MAR court acted unreasonably and that he is entitled to [...
South Carolina kills
Posted on February 21, 2009via the AP A Georgia man convicted of killing his wife and son to collect life insurance money has been executed in South Carolina. Luke Williams was put to death by lethal injection Friday. The 56-year-old made no final statement and kept his eyes closed as the drugs were administered...
Virignia kills
Posted on February 21, 2009from WaPo: Edward N. Bell was strapped to a gurney, administered a sequence of three drugs and pronounced dead at the Greensville Correctional Center in Jarratt at 9:11 p.m., said Larry Traylor, a spokesman for the Virginia Department of Corrections. Bell, 44, was convicted in the 1999 killing of Sgt...
Judge Keller meet karma, karma, Judge Keller
Posted on February 19, 2009The Texas State Commission on Judicial Conduct issued a Notice of Formal Proceedings to Texas Court of Criminal Appeals Presiding Judge Sharon Keller Thursday. AP notes: A Texas judicial commission has filed proceedings that could remove from office a state judge accused of cutting off appeals for a condemned inmate the night of his execution...
BS & forensics
Posted on February 19, 2009One of the great tragedies of the American legal system is the the science of forensics doesn’t receive enough time, money and research. Ditto forensic labs. As Gideon notes: The NAS just called ?bullshit? on many of the forensic techniques used in labs across the country, ranging from fingerprint, blood splatter, hair, arson and fiber analysis [...
email edition
Posted on February 16, 2009The Email edition is available: Lexis reveals no new favorable published opinions from the various appellate courts around the country. In the news, Governor Ted Strickland of Ohio granted clemency to Jeffrey Hill following the unanimous rationale and recommendation of the Ohio Parole Board which had cited five basic reasons for its recommendation: “the views of the [...
MT Senate passes repeal
Posted on February 16, 2009MT Senate has passed repeal of the death penalty.
sneak peek
Posted on February 05, 2009Okay, a triple edition will be going out this weekend. My apologies I’ve been attempting to kick ass in court and take names, however, I think I may have misjudged the ass being kicked. Here is the of the triple edition sneak preview.
Opt-in update
Posted on February 04, 2009The Department of Justice promulgated a new sixty-day comment period for the opt-in (fast track) regulations for chapter 154. The DOJ concedes, albeit implicitly, thatits prior Final Rule is now invalid.The DOJ ?has decided to solicit further comment on all aspects of the final rule...
Texas Court of Criminal Appeals tackles actual innocence
Posted on February 04, 2009On the heels of the Houston Chronicle piece on innocence, the Texas CCA today granted a writ today using “actual innocence as a procedural gateway through which to [address] his otherwise barred constitutional claim of ineffective assistance of trial counsel...
Texas kills
Posted on February 04, 2009Texas tonight participated in a suicide by court. “Thirty-six-year-old David Martinez was pronounced dead at 6:18 p.m. Wednesday. He had won permission from the courts to stop appeals attempting to spare his life.”
Tenn kills
Posted on February 04, 2009Tennessee this morning killed Steve Henley. From the AP While he was strapped onto a prison gurney awaiting execution, inmate Steve Henley said he hoped for peace for the family of the couple he was convicted of killing. And Henley proclaimed, as he had since 1985, that he wasn’t guilty of murdering Fred and Edna Stafford and [...
weekly email edition update
Posted on February 01, 2009My apologies as I have opening arguments in a murder trial in the morning. As I have noted for years, work comes first. If we get the weather forecasted a catch-up edition will go out early to midweek, otherwise it will be the first triple edition in years...
DP repeal news
Posted on January 29, 2009Because nothing beats getting life by removing death from the arsenal of the State: A bill is being introduced in Colorado to end the state?s death penalty and to use the resultant savings to investigate the state’s more than 1,300 unsolved crimes...
Texas kills
Posted on January 29, 2009Texas kills. Via the AP: Ricardo Ortiz was pronounced dead at 6:18 p.m. Thursday. The 46-year-old was the fifth Texas inmate to die this year and the second of two executions in consecutive nights this week in the nation’s most active death penalty state...
Getting ugly in PA
Posted on January 27, 2009The PA Supreme Court released a fairly disturbing opininon in Commonwealth v. Vandivner on mental retardation & mental illness today. Unfortunately I’m in trial hell (third felony trial since 1/1/09, this time a murder). Doug @ SL&P has coveage of the opinion.
Texas stay
Posted on January 26, 2009Tuesday’s execution of Mr. Larry Swearingen was stayed today by the Fifth Circuit. Standdown.org has more. [via iPhone]
Blog & weekly — work conflicts
Posted on January 25, 2009For the next few days postings here will be virtually nonexistent (save for any developments from the SCOTUS or stays). Likewise the weekly email edition will not run. I start a fairly heavy trial on Monday, or at least heavy for where I practice. My apologies for any inconvenience...
Texas kills
Posted on January 22, 2009From local media: Frank Moore insisted until the very end that he fatally shot two men 15 years ago in self-defense. “Self-defense is not capital murder,” the 47-year-old said from the death chamber gurney, the Associated Press reported. At 6:21 p...
Oklahoma & Texas kill
Posted on January 22, 2009In Texas: Reginald Perkins, a convicted rapist and suspected serial killer, was executed in Texas for strangling and robbing his stepmother in Fort Worth more than eight years ago. About an hour before he was executed, Perkins summoned a prison official to his cell and gave him a statement professing his innocence...
update on opt-in
Posted on January 20, 2009The Bush Administration?s proposed regulations governing opt-in have been enjoined, at least for now. The TRO was issued on an application by the Habeas Corpus Resource Center. Habeas Corpus Resource Center v. U.S. Department of Justice, No. C 08-2649 CW (N...
Fifth Circuit MLK day grant of relief
Posted on January 20, 2009On Monday, the Fifth Circuit in Gaylon Walbey Jr v Quarterman granted penalty phase relief on counsel’s performance. From that opinion: On the performance prong of Strickland, there is little room for debate that the district courtwas correct to agree with the magistrate judge?s conclusion that Ezell?s investigation of a potential mitigation defense was deficient...
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Self Defense
It's legal to defend yourself and your family
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That is not entirely true, even in the case of criminal cases. The court will pr...
Attorney welt, weinberg & reis co....from pittsburgh are collecting a credit card debt from capital one can they force me to send them a list of my assets for sheriffs sale
No! Only a Judge can make you do that and that is only after you have your day i...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
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My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
what are the proper and legal steps to dissolve a partnership in an ongoing farm business?
I would say that the final tax forms are dispersed for that year with the indica...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
Attorney welt, weinberg & reis co....from pittsburgh are collecting a credit card debt from capital one can they force me to send them a list of my assets for sheriffs sale
No! Only a Judge can make you do that and that is only after you have your day i...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
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