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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.
John Middleton’s execution stayed
Posted on July 15, 2008The Missouri Supreme Court has stayed John Middleton’s execution date. The Court stayed Middleton’s execution date in light of ongoing lethal injection litigation.
Life: a beautiful choice
Posted on July 15, 2008In Los Angeles a jury recommended life for Juan Alvarez. Alvarez is the train wrecker whose attempted suicide claimed the lives of eleven people in Glendale more than three years ago.
Gitmo, tears, kids. nuf’ said
Posted on July 15, 2008From The Dream Antilles Omar Khadr (born 9/19/86) is a Canadian who has been imprisoned in Guantanamo in connection with the alleged killing of a US soldier during a battle in Afghanistan in 2002. At the time of his capture by US forces, Khadr had been shot three times and was near death...
weekly edition (draft copy) now available
Posted on July 14, 2008I’m going to finish up this week’s much delayed email edition in the morning. The draft form for those who must read it now is here.
Running a tad late
Posted on July 13, 2008While have this week’s CDW / email edition out Monday. My apologies.
House update
Posted on July 10, 2008“Yesterday in a surprise move, District Attorney Paul Phillips stated that if Paul House’s DNA is not found on a hair discovered in Carolyn Muncey’s hand following her murder, he will consider dropping the charges against House. If the DNA from the hair or other evidence belongs to a third party, Phillips says he will [...
Virginia kills
Posted on July 10, 2008Virginia executed Kent Jermaine Jackson Thursday night for the death of Beulah Mae Kaiser. Jackson became the 101st person killed in the “modern” era in Virginia.
Texas kills
Posted on July 10, 2008In a case marred by ugly racial overtones, Texas Thursday night executed Carlton Turner for killing his adoptive parents in their suburban Dallas home 10 years ago. “I was immature and arrogant,” Turner told the AP in a death-row interview in May...
Fourth Circuit rejects a challenge to lethal injection in Virginia
Posted on July 10, 2008The Fourth Circuit on Thursday rejected a challenge to the Virginia lethal injection scheme (Emmett v. Johnson, No. 07-18 (4th Cir. July 10, 2008)). The panel split. Virginia’s protocol for lethal injection is substantially similar to that approved by the Supreme Court in Kentucky...
Death Row USA available: numbers down again
Posted on July 10, 2008DPIC notes that the he latest version of Death Row U.S.A. (reflecting death row numbers as of January 1, 2008) has been released by the Capital Punishment Project of the NAACP Legal Defense and Educational Fund, Inc. The report also contains information on each person executed since the death penalty was reinstated in 1976, and information [...
Recovering from an ugly mistrial
Posted on July 09, 2008I’ll be posting again starting Thursday, the trial I had mistried.
Oklahoma: A recommendation for clemency
Posted on July 08, 2008The Oklahoma Pardon and Parole Board voted 4-1 Tuesday to recommend clemency for convicted killer Kevin Young. The board’s recommendation now goes to Gov. Brad Henry, who ultimately will decide whether to grant clemency. Young is scheduled to be executed on July 22...
email edition
Posted on July 07, 2008This week’s email edition is now available. This edition leads off with Eric Lynn Moore v Quarterman from the Fifth Circuit sitting en banc. Turning it over to the experts at the Habeas Assistance and Training Counsel project, the Moore Court held that: Moore?s Atkins claim could be considered by the federal court and without application of [...
must read mitigation materials
Posted on July 07, 2008Hofstra Law Review has an instant classic edition just out. The entire edition is online. This edition has the ABA’s Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases (PDF) Other articles include : Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation (PDF) (John H...
slowing down the pipeline
Posted on July 07, 2008“This effective local article from Missouri, headlined “Prosecutors use discretion differently in death sentencing,” tells a story that is familiar to anyone who follows closely the modern administration of capital punishment. ” [via Doug Berman]
A stay in Texas
Posted on July 05, 2008from local media: The execution of Lester Bower has been stayed. Judge Jim Fallon has withdrawn the death warrant, while lawyers argue whether DNA testing of the evidence is just. District Attorney Joe Brown says this does not mean Bower will not be executed...
New scholarship
Posted on July 05, 2008The good folks at U-T’s Tarlton Law Library note new germane published scholarship. more after the jump Robert Hardaway, (34 New England Journal on Criminal and Civil Confinement 223 (2008)) Paul Marcus, Capital Punishment in the United States and Beyond (31 Melbourne University Law Review 837 (2007)) James R...
tech problems
Posted on July 04, 2008A spammer unsuccessfully attempted to hijack the site on the Fourth of July. The site is mostly back-up. My apologies for any problems in advance.
An exception or the rule? — Dallas exonerates another one
Posted on July 03, 2008Dallas County has another exoneration A Texas man who spent more than 15 years in prison after being wrongly convicted of kidnapping and robbery raised both arms skyward and collapsed in his mother’s embrace Thursday after being told he was a free man...
when Westlaw & Lexis fail
Posted on July 02, 2008It appears there were seven, not six , jurisdictions that permit death for capital rape. Not one of the parties in Kennedy v. Louisiana , nor any of the Justices, discovered that the military apparently permits death for capital rape. NYT here & the military law blog, CAAFLOG, that outted the error.
Georgia Supremes grant relief
Posted on July 02, 2008The Georgia Supreme Court has granted relief in Hall v. Mark McPherson as counsel performed an inadequate penalty phase investigation and, as a result, failed to present favorable evidence to the jury. [Note thee Court relied upon both the American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases [...
House free
Posted on July 02, 2008Paul House has been freed on bail in Tennessee. From our friends in Tennessee: At approximately 10:00 a.m. this morning, Paul House was released from Lois M. Deberry Special Needs Facility. An anonymous donor provided Joyce House, Paul’s mother, with the bail money in order for Paul to be released into the custody of his mother...
Guy LeGrande: Incompetent to be executed
Posted on July 01, 2008via Death Watch NC: North Carolina death row inmate Guy Tobias LeGrande has been found incompetent to be executed under both state law and the 8th Amendment of the United States Constitution, as interpreted by Ford v. Wainwright and Panetti v. Quarterman...
Florida kills
Posted on July 01, 2008The State of FLorida killed Mark Dean Schwab Tuesday night at Florida State Prison for his role in the murder of 11-year-old Junny Rios-Martinez.
correction to this week’s edition
Posted on July 01, 2008Dale Leo Bishop in this week’s edition was listed as having an execution date in July. Press accounts note the date, however an execution date has not yet, to our knowledge, been set. My sincerest apologies for any confusion, and my apologies esp...
The Fifth Circuit rips the CCA
Posted on July 01, 2008The Fifth Circuit in Michael Wayne Hall v. Quarterman, No. 06-70041, rips in to the CCA on the failure to hold a live evidentiary hearing on Hall’s Atkins claim. The state courts held a paper hearing on thdeclaims. As the press accounts note: A federal appeals court is ordering a hearing for a man condemned for [...
open research data
Posted on July 01, 2008For sometime I have been meaning to post the search terms used to develop the weekly. My hope is to get input on how to develop better terms and, hopefully, inspire a new blogger/e-zine writer to write in the area to better cover capital litigation. Those terms are “DEATH PENALTY” OR “CAPITAL MURDER” OR “SENTENCED TO [...
Dysfunctional & close to collapse
Posted on June 30, 2008The California Commission on the Fair Administration of Justice today issued its long awaited report on the state of California’s deth penalty. It found California’s administration of the death penalty is “dysfunctional” and “close to collapse...
email edition (finally) available
Posted on June 30, 2008My apologies for the delay, this week’s email edition is now available here: Leading off this edition is the Supreme Court?s landmark decision in Kennedy v. Louisiana. The narrowest reading of the holding is that the capital punishment may not be used for the crime of child rape that does nor result in the death of [...
US seeks death for waterboarded Saudi
Posted on June 30, 2008via TalkLeft: The U.S. announced today it will seek to file charges that carry the death penalty against Abd al-Rahim al-Nashiri, a Saudi of Yemeni descent captured in 2002 and tranferred to Guantanamo in 2006, who has claimed he confessed because he was tortured during interrogation...
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It's legal to defend yourself and your family
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No! Only a Judge can make you do that and that is only after you have your day i...
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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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