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Criminal Law

Capital Defense Weekly 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

Recent Entries: 1052

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scratching my head over this one

Posted on July 28, 2008
I’m so baffled by this story over at Stand Down, I’m going to reiterate Steve’s first paragraph or so verbatim. I must be missing something here. “Search adds twist to Frisco murder-for-hire case,” is the headline in the Dallas Morning News...


Iran kills

Posted on July 27, 2008
Iran hanged twenty-nine people Sunday for crimes ranging from murder to being a public nuisance while drunk, were hanged in Iran to sex outside of marriage.


A sensible proposal

Posted on July 27, 2008
DNA, in some ways, is a truth serum for the legal community. While not fool-proof, it offers one of the singular best weapons in the arsenal for avoiding wrongful conviction & wrongful execution. A major step towards reducing the chances of wrongful execution has been taken: U...


Clemency in the death belt

Posted on July 24, 2008
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Virginia kills

Posted on July 24, 2008
Tonight Virginia killed Christopher Emmett. The AP notes that Mr. Emmett’s final words included some light hearted laughs: Tell my family and friends I love the, tell the governor he just lost my vote. Y’all hurry this along, I’m dying to get out of here.


Getting the needle & the short straw

Posted on July 24, 2008
The fact that in addition to “getting the needle” Lonnie Johnson “got the shaft” is no small secret. On the anniversary of his execution Steve Hall looks at efforts to bring the “death by shafting” to light, here & here: Six weeks prior to his death, his defense team found police reports hidden in Mr...


Latest round of Soros fellows

Posted on July 24, 2008
Just spreading the love. The application round for the next selection of Soros Fellows is now available. .


Dyslexic doc moves west

Posted on July 24, 2008
via Doug Berman: As first discussed here two years ago, a federal judge ordered Missouri’s machinery of death to come to a halt in 2006 based in part on evidence that the doctor involved in lethal injections readily admitted that he is dyslexic and had thus could have problems carrying out the execution protocol...


Executions on the Gulf Coast

Posted on July 23, 2008
Mississippi & Texas tonight conducted executions: Leo Bishop was pronounced dead at 6:14 p.m. CT at the Mississippi State Penitentiary. He was convicted of participating in the hammer slaying of Marcus James Gentry in 1998. His attorneys had asked the U...


Comment problem fixed (?)

Posted on July 23, 2008
The problem with the comments appears to have been fixed. Sorry for any incovenience.


Three executions in two days

Posted on July 22, 2008
Three executions are scheduled over the course of two days this week including: Wednesday - Derrick Sonnier in Texas & Dale Lee Bishop in Mississippi Thursday - Christopher Emmett in Virginia Dale Lee Bishop lost Monday in the Fifth Circuit (split panel) on a lethal injection challenge...


Problems with DNA?

Posted on July 22, 2008
The Los Angeles Times notes DNA database “hits” are coming under fire.  While DNA can exclude a person from being a source, it appears possible that the probability odds for “inclusion” are widely overrated. State crime lab analyst Kathryn Troyer was running tests on Arizona’s DNA database when she stumbled across two felons with remarkably similar [...


Clemency urged in Mississippi

Posted on July 22, 2008
The Clarion Ledger calls for clemency for Dale Leo Bishop. This newspaper has been a longtime supporter of the enforcement of the death penalty in Mississippi. The death penalty exists in this state as the ultimate penalty for the ultimate crimes. But in the case of Death Row inmate Dale Leo Bishop, Mississippi is preparing to extract [...


Relief grant in the Fifth Circuit

Posted on July 22, 2008
The Fifth Circuti granted relief to Robert Fratta Tuesday on the right to challenge certain statements made by co-defendants in this matter.  “The state’s burden was to produce affirmative proof that a murder-for-hire had occurred, and on this point, the admissible evidence was far from conclusive...


Follow-up on police snooping in Maryland

Posted on July 22, 2008
Maryland legislatures will take up police snooping on anti-death penalty groups in the coming days.  More here.


Say hello to… Gerry Spence’s blog

Posted on July 22, 2008
I’ve been wondering all week how do you welcome the blog of a guy whose books and lectures taught you not only how to be a better lawyer but, more importantly,  how to live a better, more meaningful  life and be better person.   I couldn’t think of one, accept to say Gerry’s blog is here...


The first steps on the road to justice

Posted on July 21, 2008
Tonight the world’s most wanted man, Radovan Karadzic, is in custody. He was currently undergoing a formal identification rocess, inccluding DNA testing, and would be meeting with investigators overnight.Karadzic was located and arrested,” the President’s statement said...


email edition now available

Posted on July 21, 2008
This week’s email edition is now available. From that edition: The Florida Supreme Court’s decision in Eddie Junior Bigham v. State leads this week.  The Bigham Court  reduces the condemned’s conviction to second degree murder. “ecause we conclude the evidence is insufficient to prove premeditation...


new scholarship

Posted on July 20, 2008
New scholarship is noted.  DePaul Law Review spends an entire looking at Atkins & its aftermath.  Three articles from law review are the “to read” stack already. Andrea D. Lyon,  But He Doesn’t Look Retarded: Capital Jury Selection for the Mentally Retarded Client Not Excluded after Atkins v...


grrrrrr!

Posted on July 20, 2008
Our blogging software, Wordpress, ?upgraded.?  As a I Heart Yahoo notes: Wordpress managed to release version 2.6 a month before the expected launch date, which is great right? I?m not so sure, reading up on things it?s evident that version 2.6 is bug filled and causing problems for bloggers! People are already expecting wordpress 2...


email edition to go out shortly

Posted on July 20, 2008
Just simply double checking for typos & readability. The email edition should go out shortly.


Cheesed off in Maryland

Posted on July 17, 2008
As most probably know, cops in Maryland have been targeting people opposed to the ultimate use of state power.   I’m too cheesed off to even pretend I can talk rationally about this as everyone I know who supports ending the dp in Maryland is, well, ridiculously normal/mainstream...


ICJ orders stays

Posted on July 16, 2008
via SCOTUSBlog: Acting on a claim by Mexico?s government that the U.S. government has not done enough to assure the treaty rights of Mexican nationals facing execution for murders in the U.S., the World Court on Wednesday ordered the U.S. ? by a 7-5 vote ? to stop five imminent executions in Texas...


Murphy meet editing

Posted on July 16, 2008
Murphy’s law on writing & proofreading: Muphry?s Law dictates that (a) if you write anything criticizing editing or proofreading, there will be a fault of some kind in what you have written; (b) if an author thanks you in a book for your editing or proofreading, there will be mistakes in the book; (c) the stronger [...


Balkinization on capital rape

Posted on July 16, 2008
Dodging the Death Penalty Bullet On Child Rape.  John J. Donohue III. Daniel Schuker.  Balkanization: “Having avoided the legal mayhem of adding a new realm of death penalty prosecutions, the country can now focus its efforts on solving, instead of creating, vexing social problems...


Reprieve in Oklahoma

Posted on July 16, 2008
“On July 15th, Governor Brad Henry of Oklahoma granted a 30-day stay of execution to Kevin Young, who was originally scheduled to be executed on July 22nd. His new execution date is August 21st. Governor Henry announced the stay in order to have more time to review Kevin Young’s case...


admin: links in comments & some great comments

Posted on July 16, 2008
We’ve seen a huge uptick in comment spam (and great comments too).  In order to prevent comment spam from ruining your experience, any comment with a hyperlink in it will be held for moderation.  My apologies in adavance (and thanks for those fighting it out in the comments of late, I’ve loved them  - even [...


email edition (finally) available

Posted on July 15, 2008
My apologies for running a little late. This week?s much delayed email edition iis here. From the introduction to that edition This week’s edition brings a little bit for every need.  For the federal habeas litigator there is the Fifth Circuit’s Michael Wayne Hall v...


Gauging wrongful convictions

Posted on July 15, 2008
DPIC has a thought provoking post entitled “STUDIES: Estimates of Wrongful Convictions by Those Involved in the System.” 


Rock versus hard-place: the client who wants to die

Posted on July 15, 2008
Michele Anderson appears, by public accounts, to be intent on dying.  Her attorneys oppose that desire and earlier this week were let out of representing her. A woman who says she wants to be executed in the slayings of six members of her family in rural Carnation will get new lawyers, and she can keep her [...


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