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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.
One drug
Posted on May 02, 2008SCOTUSBlog has an amazing post simply asking. I won’t spoil it. Lethal injection: a one-drug alternative?
Bob Loblaw hangs it up
Posted on April 30, 2008In one of the worst decisions we’ve ever reported, Bob Loblaw @ Decision of Day has posted his/herlast post. Bob’s work has been regularly stolen & pasted here. S/he will be sorely missed.
Two from HuffPo
Posted on April 30, 2008Two great pieces over at HuffPo. John W. Whitehead of the Rutherford Institute looks at the secrecy surrounding the rituals of death. His first and last sentences from that piece are below, what lies between, however, shouldn’t be missed: In our post-9/11 world, government secrecy has become an accepted norm, whether the topic is national security, government [...
A lesson is class….
Posted on April 30, 2008In one of the most amazing acts of humility I’ve seen in the blawger world, Randall Hodgkinson proclaims, with an exclaimation point, I’m ineffective! Kudos to Randall for showing class and grace in the face of when a lesser blawger / lawyer would have trash-talked the court.
Decisions of the week
Posted on April 30, 2008So far this week very few published decisions noted (one each from California, South Carolina, the Sixth Circuit, and a few unpublished opinions from Texas). None of the decisions appear favorable and none appear otherwise notable (that is notable beyond the litigants, their family & friends, as well the victims’ famiiles)...
The Granite State’s death
Posted on April 29, 2008The Granite State’s death penalty is heating up. Perhaps than it is only fitting the March 2008 issue of the Pierce Law Review explores the death penalty: THE PERPETUAL CONTROVERSY Christopher M. Johnson ARTICLES THE DEATH PENALTY AND THE SOCIETY WE WANT Stephen B...
mf’in champ
Posted on April 28, 2008Shaun Martin has this raucous piece on People v. Lewis & the usage of m_____f______. The California Supreme Court in Lewis grants relief on some, but not all, special circumstances counts for lying in wait.
Elsewhere….
Posted on April 28, 2008I’m in court every day this week on fairly lengthy hearings and a fairly substantial amount of briefs also. Not quite as bad as trial, but almost. While I’m trapped with work, some of my favorite stories from elsewhere. SCOTUSBlog notes: “Lawyers for Virginia death-row inmate Christopher Scott Emmett told the Supreme Court on [...
Where are the post-Baze x-dates?
Posted on April 27, 2008Prior to the Court’s ruling in Baze a reasonable person might have forecasted a quick surge in the number of execution dates (or x-dates) would follow if the Court upheld the Kentucky protocol. Despite seven months of no executions a tidal wave of new execution dates has not occurred...
Ever need that 25th hour in the day?
Posted on April 27, 2008Two great posts by Steve Hall on events in my backyard that I meant to write about, but didn’t get to, here & here. Specifically the first post addresses that New Jersey State Senator Raymond Lesniak has written The Road to Abolition: How New Jersey Abolished Its Death Penalty...
email edition available
Posted on April 27, 2008The week’s edition is now available available here. Notable in this relatively light edition is the Supreme Court’s decision in Virginia v. Moore. The holding in Moore is relatively straight forward: where a police officer violates state law in making an [...
Racial Bias Highlights Rampant Problems in Death Penalty System
Posted on April 26, 2008Christopher Hill, with whom I had the good fortune to share dinner a few months ago to celebrate the Tenth Anniversary of PAUADP/PADP, writes, “Racial Bias Highlights Rampant Problems in Death Penalty System,” at Daily Kos. I’d give you a tease of the piece but it is too good to miss.
Lethal injections resuming in Florida
Posted on April 26, 2008Megan McArdle, over at Asymmetrical Information blog at the Atlantic, has a fantastic new piece on Florida’s governor and his quest to restart lethal injection: I heard something that sounded very odd on the radio yesterday: news that Florida’s governor had expressed his “gratitude” that lethal injection was once again legal, and his intention of getting [...
Giles & forfeiture by wrongdoing
Posted on April 24, 2008Prof Richard Friedman reflects on the oral arguments in Giles, the SCOTUS’s latest examination of the Confrontation Clause & related post-Crawford issues like forfeiture by wrongdoing, here, here, here & here. The oral argument transcript is here.
new scholarship
Posted on April 24, 2008The following articles are among those appearing in the Spring 2008 issue of Criminal Justice, the magazine of the ABA Section of Criminal Justice. If you are an ABA member, you may access these by clicking on appropriate entries at http://www.abanet...
LI litigation update
Posted on April 24, 2008Week at a Glance at CapDefNet nails a home run on where lethal injection litigation is headed & where we are today on a challenge by challenge basis.
The power to pardon
Posted on April 24, 2008The act of of the executive pardon is both an act of mercy and a political act. Doug Berman in this post nails the questions of why isn’t the MSM addressing the last administration’s pardon record: Fortunately, some thoughtful bloggers are trying to make sure these pardon issues does not get lost in all the [...
The next in line to be executed in Alabama dies of natural causes
Posted on April 23, 2008Daniel Siebert in Alabama, who came within a day of being executed on Oct. 24 before being granted a stay by the 11th U.S. Circuit Court of Appeals in Atlanta pending Baze, died of natural causes Tuesday. Alabama convicted Siebert of five murders and he had confessed to more than a dozen homicides in [...
Fifth Circuit grants a COA in Anthony Cardell Haynes v. Quarterman,
Posted on April 23, 2008The Fifth Circuit on Wednesday granted a COA in Anthony Cardell Haynes v. Quarterman, No. 07-70004, in light of Snyder v. Louisiana and prosecutorial strikes based, purportedly, on race.
New execution date
Posted on April 23, 2008Georgia officials have set May 6th as the execution date for William Earl Lynd. If executed Lynd will be the first person executed following the lifting of the execution moratorium post-Baze.
Kerr on Virginia v. Moore
Posted on April 23, 2008Orin Kerr gives his thoughts on Virginia v. Moore.
Boston Legal takes on capital rape
Posted on April 22, 2008From a colleague Tonight is the promised episode of Boston Legal where the lawyers take on the Supreme Court and the Death Penalty . . .Please put out to all your abolition community colleagues. The issue? What prophetic writing . . .a non-murder death penalty case - a rape case from the [...
NYT: we’re #1
Posted on April 22, 2008Fantastic news from the NYT, we’re #1 The United States has less than 5 percent of the world?s population. But it has almost a quarter of the world?s prisoners. Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment...
email edition
Posted on April 21, 2008Better a little late than not at all. From this week’s email edition: The news of this edition can be summed up in one word, Baze. With no clear opinion, Baze v. Rees is now decided. Fordham?s Professor Deborah Denno notes: Baze v. Rees is a splintered plurality decision in which the Supreme Court puts [...
Stays lifted
Posted on April 21, 2008[updated] The Supreme Court has lifted a large number of stays & denied cert in light of Baze in a slew of cases this morning. Still working through the orders list. Notable denials include Epps v. Mississippi & Taylor v. Crawford. The list appears to have the most capital case related denials since [...
Mirror of the Ninth Circuit’s Capital Punishment Handbook
Posted on April 21, 2008One of the things I am constantly reminded of is how much the net has changed the practice of law. Like many of us I had a wall of books in my office that are now reduced to a few bookmarks (espcially DPIC and CapDefNet). Add another one to that list, the Ninth Circuit Capital Punishment [...
California Supreme Court rules in People v. Zamudio
Posted on April 21, 2008When I can’t understand a question of California law when the Cal Supremes rule I usually turn to Shaun Martin at the California Appellate Report. Today’s People v. Zamudio is no different with its vacateur of death sentence but not all of his death sentences...
Link dump
Posted on April 21, 2008As always, there was more great stuff to write about than there was time to discuss it. Link dump after the jump: FindLaw, Michael Dorf has this new essay, titled “How the Supreme Court’s Lethal Injection Ruling Elevates Appearances Over Reality...
Hack attack
Posted on April 20, 2008Friends: Sorry to report that both DPIC & CFTJ’s websites have been hacked. CFTJ is now down, DPIC, however, now refers to a porn site. Use your best judgement.
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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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