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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.
New Scholarship
Posted on September 11, 2008I’ve known for some time Kyle Graham, a Deputy District Attorney, in Mono County, California was writing Tactical Ineffective Assistance in Capital Trials, 57 American University Law Review 1645 (2008). The article is a must read for litigators, activists, and public policy types...
Japan kills
Posted on September 11, 2008Japan executed three people on Thursday. The death row inmates, all in their 60s, included Yoshiyuki Mantani, 68, Mineteru Yamamoto, 68, and Isamu Hirano, 61. The executions, by hanging, bring the year’s total to 13, with another 100 believed to be on death row.
Tennessee hearing update
Posted on September 11, 2008Stacy Rector of TCASK looks at the most recent hearing Study Committee hearing in Tennessee: Tuesday proved to be a very full day for the members of the Tennessee Death Penalty Study Committee. The meeting began at 10:00 a.m. with comments from Tennessee Supreme Court Justice Gary Wade and new Chief Justice Janice Holder...
WM 3 denied
Posted on September 11, 2008The headline sorta says it all: A judge on Wednesday rejected claims that DNA evidence clears three men convicted of killing three 8-year-old boys in 1993 and denied their requests for a new trial. Lawyers for Damien Echols, Jason Baldwin and Jessie Misskelley ? known to supporters as the “West Memphis Three” ? had argued that new [...
The other pending Georgia execution
Posted on September 10, 2008Troy Davis and Jack Alderman are both scheduled to be executed in the coming days. Both cases are seriously flawed, however, only one has garnered serious scrutiny. From Reprieve. Jack Alderman is the longest serving prisoner on death row in the USA ...
Life: what a beautiful choice
Posted on September 10, 2008A federal judge Tuesday sentenced two Kansas City men to life in prison for the racially motivated murder of a pedestrian in March 2005. A jury convicted Gary Eye and Steven Sandstrom in May of killing William McCay as he walked in the Northeast area on his way to work...
Fifth Circuit grants a COA
Posted on September 10, 2008The Fifth Circuit has granted a COA in Gary Johnson v. Quarterman, No. 07-70043 on issues relating to whether: [ ] The State?s suppression of evidence that two of the State?s witnesses at trial had been hypnotized violated Johnson?s due process rights under Brady v...
The Soap Opera Surrounding Charles Hood’s case to resolve Tuesday
Posted on September 09, 2008The press is asking: “could an alleged romantic relationship between a Judge and a Prosecutor have set the stage for Charles Hood’s date with death-scheduled for Wednesday Night?” The “travesty” that is the Hood case is scheduled to resolve Wednesday either with a stay or with an execution by 7 CST pm Wednesday...
SCOTUS this fall
Posted on September 09, 2008Via Harmful Error, SCOTUS preview October appears to the Search and Seizure and Federal Habeas Corpus Month at the Supreme Court. Criminal cases to be heard during October include the following: Tuesday, October 7 - Herring v. United States and Arizona v...
Tennessee death penalty study commission latest hearing
Posted on September 09, 2008via TCASK, the latest developments on teh Tennessee Death Penalty Study Commission: Today the Fairness subcommittee of the Tennessee Death Penalty Study Committee met to continue its discussion about how to improve representation for indigent defendants charged with capital crimes in Tennessee...
email edition is available
Posted on September 08, 2008From this week’s email edition: In this double edition several favorable dispositions are noted. In perhaps the “most run of the mill” type of claims covered here, failure of counsel to adequately investigate, prepare and present mitigation evidence, grants of relief are noted in Jesse Bond v...
Win in South Carolina
Posted on September 08, 2008The South Carolina Supreme Court in Donney S. Council v. State granted penalty phase relief: Given there is evidence to support the PCR judge?s holding that Respondent?s trial counsel was ineffective in failing to investigate and present mitigating evidence at the penalty [...
An order in Kennedy v. Louisiana
Posted on September 08, 2008The Supreme Court Monday issued an order in Kennedy v. Louisiana asking for briefing on the State’s motion for rehearing: 07-343 KENNEDY, PATRICK V. LOUISIANA Petitioner Patrick Kennedy is invited to file a supplemental brief, not to exceed 4,500 words, addressing not only whether rehearing should be granted but also the merits of the issue raised [...
Grant of relief under Ford in Pennsylvania
Posted on September 08, 2008Long ago having gone crazy, a court today rules he is too crazed to be executed. George Banks, 66, is psychotic and unable to comprehend his sentence or participate in his defense, making him incompetent to be put to death, Judge Michael Conahan said...
New Execution dates & stays
Posted on September 07, 2008Several stays, new execution dates and teh like. In Washington, Robert Lee Yates Jr. has been given a September 19th date — a stay is believed probable. The The South Carolina Corrections Department said in news release Friday that Freddie E...
Georgia clemency hearing update
Posted on September 07, 2008The Georgia Board of Pardons and Paroles said Friday it will not hold a clemency hearing for Jack Alderman but will hold a hearing for Troy Davis. Both men are scheduled to be executed in the coming weeks. Pardon Power has more. Both men have previously asserted claims of factual innocence...
new tool
Posted on September 07, 2008WebSupp.com now has, for free, a searchable web engine for many federal district court opinions.
Missouri stay
Posted on September 04, 2008Late yesterday afternoon the Missouri Supreme Court issued an order, staying the execution of John Middleton. The filings and related orders are at https://www.law.berkeley.edu/clinics/dpclinic/LethalInjection/Litigators/missouri.html.
Hood update
Posted on September 04, 2008via TalkLeft: Sometimes reports of romantic affairs by public officials, if true, matter. For Charles Dean Hood, set to be executed next week, it could mean the difference between life and death. A judge has set a hearing on whether the judge and prosecutor in his capital case were having a secret affair during Hood’s trial: The [...
new warrants out of Georgia
Posted on September 03, 2008Judge Michael Karpf of the Eastern Judicial Circuit allows Jack Alderman to be put to death by lethal injection between noon on Sept. 16 and noon Sept. 23, The Atlanta Journal-Constitution reports. AJC also reports “[a]n execution warrant was signed Wednesday for Troy Anthony Davis, convicted in the 1989 murder of Savannah police officer [...
Kindler v. Horn
Posted on September 03, 2008The Third Circuit today granted penalty phase relief in Joseph Kindler v. Horn: To summarize: we conclude that the jury instructions and verdict sheet that were used during the penalty phase of Kindler?s trial denied him due process of law pursuant to the holding in Mills v...
A high profile plea
Posted on September 03, 2008AP reports: A plea agreement has been reached in a death-penalty case that may have led to the ouster of the former U.S. Attorney in Arizona. Jose Rios Rico pleaded guilty Tuesday to murder, drug and weapons charges in the February 2003 slaying of Angela Pinkerton...
was Baze a waste of time?
Posted on September 02, 2008via SL&P The DPIC has this recent item discussing the details of the 20 executions in months since the Supreme Court “resolved” the constitutionality of lethal injection protocols through its decision in Baze v. Rees. When I look at the data, I find it remarkable not only that we have returned to four or five executions [...
email edition
Posted on September 01, 2008Long weekend, tech issues. After the jump this week’s case list. An email edition will go out next week. - thanks Week of August 18, 2008 ? In Favor of the Defendant or the Condemned Jesse Bond v. Beard, 2008 U.S. App. LEXIS 17726 (3rd Cir 8/20/2008) Trial counsel failed to adequately investigate the Condemned?s social history...
Remand in Mississippi
Posted on August 28, 2008The Mississippi Supreme Court in Marlon Latodd Howell v. State determined Thursday that a remand is appropriate for a variety of factual issues that need to be further developed. Specifically Howell “is entitled to an evidentiary hearing on the claims of Rice?s recanted testimony, the issues related to his representation or lack thereof at the [...
California death sentence vacated
Posted on August 28, 2008On Wednesday, prosecutors and defense attorneys agreed in Sonoma County Superior Court that Calvin Coleman Jr is mentally retarded and therefore exempt from capital punishment. We’ve just uncorked a Clos du Bois cab sav from Sonoma County in celebration of the good sense of District Attorney Stephan R...
Case development out of Missouri
Posted on August 27, 2008In Michael Taylor v. State the Missouri Supreme Court reverses The circuit court denied postconviction relief. In a decision written by Chief Justice Laura Denvir Stith, the Supreme Court of Missouri concludes that the prosecution failed to obey rules and a court order requiring it to provide the impeaching information and that defense counsel were ineffective [...
noncapital exoneration
Posted on August 26, 2008“After serving 17 years in Ohio prison for a rape he didn’t commit, Robert McClendon was released August 11 due to DNA evidence of his innocence. This morning, he appeared again in a Columbus courtroom, as a judge dismissed charges pending against him...
with sadness…
Posted on August 25, 2008Rachel King has passed. Our thoughts and prayers remain with her family. Services will be later this week in Wayne, Maine at Wayne Methodist Church. Rachel worked tirelessly with the ACLU’s Capital Punishment Project prior for leaving for academia...
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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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