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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.
Beating cancer, throwing a no hitter
Posted on May 19, 2008Truly 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, 2008Brian 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, 2008After 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, 2008A 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...
Technical corrections to this weekès email edition
Posted on May 19, 2008The 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, 2008The 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, 2008his 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, 2008Holiday was great. Unfortunately, new execution dates are listed in the column to the right.
Notable “Not Guilty”
Posted on May 16, 2008In 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, 2008The 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, 2008In 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, 2008My 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, 2008I’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, 2008The 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, 2008As Executions Resume, So Do Questions of Fairness - not me, the nation’s paper of record
Four noncapital of note
Posted on May 06, 2008Four 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, 2008The 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, 2008The 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, 2008The 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, 2008Paul 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, 2008Jose 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, 2008Earl 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, 2008Kansas Death Penalty Focus has decided to call it a day for now.
Earl Wesley Berry Monday’s x-date?
Posted on May 04, 2008Mississippi’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, 2008While 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, 2008Please 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, 2008Three 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, 2008NC 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, 2008One 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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Self Defense
It's legal to defend yourself and your family
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...

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...








