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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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Beating cancer, throwing a no hitter

Posted on May 19, 2008
Truly awe inspiring. AP notes: Jon Lester has survived cancer and pitched a World Series clincher for the Boston Red Sox . Now he can add a no-hitter to his already amazing list of accomplishments. The 24-year-old lefty shut down Kansas City [...


A truly weird development out of Kentucky

Posted on May 19, 2008
Brian Keith Moore is on death row in Kentucky for a murder he says he didn’t commit. In 2006, Moore became the first Kentucky death row inmate to win DNA testing when a judge ordered an examination of multiple pieces of clothing that the Commonwealth claims Moore was wearing when the murder was committed...


Life: what a beautiful choice

Posted on May 19, 2008
After handing down a life sentence to co-defendant and triggerman, Gary Eye, a federal jury sentenced Steven Sandstrom to life. Click here for article [h/t Kevin McNally]


Sentencing dates post-Baze showing an old geographical disparity.

Posted on May 19, 2008
A little less than have of those condemned to death in the United States live outside of the former states of the Death Belt, i.e. the states of the old Confederacy + Oklahoma. Historically, roughly 85% of executions in this country, post-Furman, occurred in these states...


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Technical corrections to this weekès email edition

Posted on May 19, 2008
The Jackson v. Taylor opinion should have been cited as should have been cited as Jackson v. Danberg, No. 06-300 (D. Del 5/19/2008) and linked as http://capitaldefenseweekly.com/delawarejacksonli.pdf. My apologies for any confusion.


Bytes & pieces part 2

Posted on May 18, 2008
The final catching up post.  StandDown Texas Project, invariably, has all the news that isn’t here.  The email edition update will be out in a few hours. The Supreme Court in Bell v. Kelly, No.  07-1223, has granted cert on: “Whether 28 U...


Bytes & piecespart one

Posted on May 18, 2008
his is the first of two “catching up” posts on stuff I would have liked to address but for a lack of time. Minnesota Law Blog: looks at whether a defendant waives his/her right to counsel when they physically assault their appointed counsel in Public defender heroism in St...


New x-dates

Posted on May 16, 2008
Holiday was great.  Unfortunately, new execution dates are listed in the column to the right.


Notable “Not Guilty”

Posted on May 16, 2008
In Pennsylvania, a Northampton County jury this afternoon acquitted Theodore Reddice of all charges in the capital murder prosecution against him. The District Attorney for Northampton County, John Morganelli, whose office rarely loses, is the Democratic nominee for Attorney General in Pennsylvania...


Ex Parte Gene Wilford Hathorn, Jr. from the Texas CCA

Posted on May 16, 2008
The Texas Court of Criminal Appeals in Ex Parte Gene Wilford Hathorn, Jr., No. AP-75,917, Wednesday ordered, after previously rejecting the issues at bar, further briefing. [more] The Court specifically ordered briefing on: 1. Did applicant object at trial that his jury was not given an adequate [...


Skinner v. Quarterman: Fifth Circuit grants COA

Posted on May 16, 2008
In a case that many have watched for some time due to claims of factual innocence, Henry Skinner v. Quarterman, the Fifth Circuit Wednesday granted a Certificate of Appealability on two issues.   The first issue addresses trial counsel’s “failure to make use of [a] blood spatter report” which indicated a potentially radically different set of [...


On holiday

Posted on May 08, 2008
My apologies, I’m on holiday until the morning of May 16th. My 120+ felony files can wait until I’m back. I’m in the back, backcountry and have been advised no web & no phone, including wireless, save in town.


link dump

Posted on May 07, 2008
I’m out the door for a few days.  Here are some links I’ve been thinking about: via DPIC Exonerations from Death Row Linked to Inadequate Defense Exonerated Having Trouble Getting Exonerated By Radley Balko on Innocence Cuba ceases fire, for now from AI’s  Death Penalty Blog...


Georgia x-date update

Posted on May 06, 2008
[rolling update] 8:19 PM Eastern: A reader notes that this is the longest period between executions since 1982. 8:05 PM Eastern William Earl Lynd has been executed for the murder of Ginger Moore. This is the 1100th execution in the modern era and the first following the Supreme Court’s ruling in Baze v...


Georgia set to execute

Posted on May 06, 2008
The Georgia Supreme Court & the Georgia Board of Pardons and Paroles have rebuffed attempts to place on hold Tuesday’s scheduled execution of William Earl Lynd. Efforts are now in other Courts, Press accounts hint Tom Dunn, and his crew, representing Mr...


As Executions Resume, So Do Questions of Fairness

Posted on May 06, 2008
As Executions Resume, So Do Questions of Fairness - not me, the nation’s paper of record


Four noncapital of note

Posted on May 06, 2008
Four great noncapital cases in recent days that I won’t spoil with long descriptions U.S. v. Chapman:, No. No. 06-10316 (9th Cir) A Ninth Circuit panel upholds dismissal of indictment for gross (and I mean gross) prosecutorial misconduct: The government egregiously failed to meet its constitutional obligations under Brady and Giglio...


email edition

Posted on May 05, 2008
The email edition is now available. From the introduction: Another edition, another exoneration. With only minor cases noted during this edition’s coverage period (April 21 -28) the important news is on the exoneration front. DPIC notes The state of North Carolina dropped all charges against Levon Jones, and he was freed today (May 2) after spending [...


Grant of habeas relief in California

Posted on May 05, 2008
The California Supreme Court on Monday granted habeas relief to Adam Miranda.  In re Adam Miranda, No. S058528 & S060781.  More to follow.


Georgia on my mind

Posted on May 05, 2008
The Georgia Board of Pardons and Parole “has denied condemned killer William Earl Lynd’s clemency bid, paving the way for him to likely become the nation’s first inmate put to death since the U.S. Supreme Court held that lethal injection is constitutional...


House to be released

Posted on May 05, 2008
Paul House will be released.  The Sixth Circuit in a brief unpublished memorandum opinion on Monday affirmed the district courtès order of relief; “detailed opinion by this court … would only further delay resolution of this matter.”


x-date set for Jose Medellin

Posted on May 05, 2008
Jose Medellin, whose death sentence has caused international outrage and already one SCOTUS decision, has a new x-date, August 5th. State District Judge Caprice Cosper set the Aug. 5 lethal injection for 33-year-old Jose Medellin for his participation in the gang rape and strangulation deaths of 2 teenage girls 15 years ago in Houston [...


New execution date

Posted on May 05, 2008
Earl Wesley Berry, who the State of Mississippi sought to have executed on Monday, has a new execution date  set for May 21.  He is to be put to death for the 1987 murder of Mary Bounds.


Kansas Death Penalty Focus has

Posted on May 05, 2008
Kansas Death Penalty Focus has decided to call it a day for now.


Earl Wesley Berry Monday’s x-date?

Posted on May 04, 2008
Mississippi’s Attorney General has asked that Earl Wesley Berry be executed May 5, 2008 or THIS Monday.  No date had been set by Sunday night and the date seems unlikely, but not completely impossible.  More here.


Grant of relief from the Fifth Circuit

Posted on May 04, 2008
While prepping this week’s email edition their does, in fact appear to have been one grant of relief noted. Walter Koon v. Cain, 2008 U.S. App. LEXIS 9478 (5th Cir 5/1/2008) (unpublished) .  In Koon guilt phase relief is granted as trial counsel failed to adequately investigate various fact witnesses that were key to the [...


A note on execution dates

Posted on May 03, 2008
Please note that it appears the number of new execution dates is, due to the fluidity of the post-Baze world, being under reported both here and elsewhere. I asked a few days ago about why so few new execution dates. The answer it appears is due in part to the under reporting [...


Three quick stories

Posted on May 02, 2008
Three quick stories: The Atlanta Journal-Constitution reports, “Federal judge says Ga. lethal injection method OK.” A federal judge in Atlanta on Wednesday rejected arguments that Georgia’s method of execution by lethal injection is unconstitutional...


Levon ?Bo? Jones Released

Posted on May 02, 2008
NC exonerates another man. From our friends at Death Watch: For the second time in two months, an innocent man is being released from North Carolina?s death row. Levon ?Bo? Jones spent 13 years on death row after being convicted of the 1987 murder of Leamon Grady...


Parris Island

Posted on May 02, 2008
One of my favorite prosecutors asks, correctly, “where do we get such men?” as Marine Sgt. Merlin German. The answer is Parris Island. I personally I don’t think Hollywood Jarheads come this tough.  And while me & Tom McKenna who asked this tough question may disagree on the war, we do not disagree on the [...


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