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Criminal Law

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

no executions in Kentucky anytime soon

Posted on April 20, 2008
Dave Barron, who has to be one of the best litigators in the country under 35 (he recently turned just 30), is quoted today in the Louisville Courier Journal: Even with the U.S. Supreme Court ruling this week that lethal injections can resume in Kentucky, none of the 38 inmates on the state’s death [...

Post-Baze lethal injection litigation

Posted on April 18, 2008
The SCOTUSBlog notes that the latest round of lethal injection litigation has begun. The State of Florida has filed a symbolic motion to lift the stay of Mark Schwab’s execution date. Most, if not all, of the Baze related stays and cert petitions will likely be “disposed of” in the coming days, and no [...

Baze errata

Posted on April 18, 2008
After searching through a fair amount of postings and news stories on Baze v. Rees, srom from several law profs I greatly admire, here, here, here & here, and some from a few commentators I likewise admire, , here, here, here & here, a few of my reflections on the opinions weren’t covered...

COA granted

Posted on April 18, 2008
The Fifth Circuit in David Lee Powell v. Quarterman, 2008 U.S. App. LEXIS 8209 (April 16, 2008) (unpublished), on Wednesday granted a Certificate of Appealability on three issues in this case out of Texas. The COA’s first question seems rather curious: Claim 1...

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Again

Posted on April 18, 2008
Another noncapital exoneration, this time in San Diego. Cynthia Sommer, 34, said she barely slept herself on her first night of freedom after a San Diego Superior Court judge Thursday dismissed charges that she poisoned her husband in 2002. She was convicted of first-degree murder in January 2007 after initial tests of Sgt...

Return of execution dates

Posted on April 18, 2008
Virginia has scheduled the execution of Kevin Green to occur on May 27.

Why the world hates bureaucrats

Posted on April 18, 2008
here & here. Now back to the usual postings.

Prof Denno speaks on Baze

Posted on April 17, 2008
Few, if any, people speak with more authority, both legal and moral, than Fordham’s Professor Deborah Denno. Stand Down, and kudos to Steve Hall for tracking down a quote, notes: Baze v. Rees is a splintered plurality decision in which the Supreme Court puts forth an Eighth Amendment standard that an execution method must constitute a [...

Baze: reactions elsewhere

Posted on April 17, 2008
Adam Liptak’s views on Baze in the NYT, private emails, & CJLF’s initial reactions (who, without reading, I agreed with on what quotes were the heart of the opinion) )indicate a near uniform reaction to Baze — we haven’t seen the last of lethal injection challenges...

Kennedy v. Louisiana

Posted on April 16, 2008
In a few short hours the Roberts Court will hear arguments in Kennedy v. Louisiana. In the 31 years since Coker v. Georgia most assumed a state could not impose the death penalty for a non-homicide offense. Louisiana legislators thought otherwise and made capital certain types of rape, specifically child rape...

First death warrant to be signed post-Baze in Florida?

Posted on April 16, 2008
Press accounts in Florida are reporting that Gov. Charlie Crist ordered his staff to complie “a short list of among those that are eligible that are among the most heinous of cases for me to consider to sign an additional death warrant,” the governor said...

And beat goes on…

Posted on April 16, 2008
Thomas McGowan was freed yesterday. Sent to jail on eyewitness ID, exonerated by DNA: Moments ago, Innocence Project client Thomas McGowan stood on the steps of a Dallas courthouse, free for the first time in 23 years. And while he should be enjoying his first day of freedom, he was already thinking of other [...

Louisiana’s capital rape statute headed for trouble?

Posted on April 16, 2008
Lyle Denniston’s superb post at the SCOTUSblog on the oral arguments in Kennedy v. Louisiana can be summed up thusly: Court looks to skip the hardest questions and potentially rule Louisiana’s statute doesn’t sufficiently narrow the class of death eligible rapists.

Baze: first reaction

Posted on April 16, 2008
With no clear opinion, Baze v. Rees is now decided. This is a loss for two former clients, but in some ways Baze appears to signal a sharp turn away from the Rehnquist Court’s capital jurisprudence. Lyle Denniston sums up the opinion succinctly: Chief Justice John G...

RIP Pat

Posted on April 16, 2008
I got in to criminal defense work and the fight of the little guy vs. the big guy thanks in large part thanks to my Aunt Pat. Today Pat was laid to rest in Norristown, PA. Few beyond family, friends, and those at Johnny’s likely noticed her passing...

DNA does it again

Posted on April 15, 2008
Macomb County, Michigan Prosecutor Eric Smith on Monday dismissed charges against Nathaniel Hatchett H, citing DNA test results that cleared him of a 1996 sexual assault. Hatchett was serving a 25- to 40-year prison sentence for raping and kidnapping a woman...

Give ‘em hell Gerry

Posted on April 15, 2008
United States v. Feiger update here.

email edition now available

Posted on April 14, 2008
This week’s email edition is now available. Leading off this “double edition” is the Third Circuit’s opinion in Mumia Abu-Jamal v. Horn. The panel granted penalty phase relief as the Pennsylvania Supreme Court ?was objectively unreasonable? when analyzing whether the ?jury instructions and the verdict form created a reasonable likelihood that the jury believed? it [...

Cross

Posted on April 14, 2008
The Underdog Blog starts a great conversation here about cross and gathers resources. In a trial lawyers’ listserv recently, a member passed on a law student’s request for publications for learning effective cross examination in criminal cases...

Georgia Supremes deny rehearing in Davis

Posted on April 14, 2008
The Georgia Supreme Court today denied a motion to reconsider its decision in the State v. Troy Davis. Davis was convicted in the 1989 murder of Savannah Police Officer Mark MacPhail, and sentenced to death. On March 17, the court voted 4 to 3 to deny a new trial based on [...

Yes we’ve changed our look again

Posted on April 14, 2008
I’m torn between layouts. I use several computers and browsers during the course of the day. I’m playing around with several different layouts trying to find one that looks right across the late, however none are consistently great, but this one seems to suck the least on all of the browsers...

Quick look at the week in SCOTUS news

Posted on April 13, 2008
On Wednesday, the Supreme Court is scheduled to hear argument in Kennedy v. Louisiana (07-343), involving the constitutionality of imposing the death penalty for child rape. Monday will see orders & possibly an opinion. Tuesday & Wednesday may both see opinions from the Court...

The Sixth Circuit upholds the vacateur of Spisak

Posted on April 12, 2008
The Sixth Circuit on Friday let stand Spisak v. Mitchell & its prior grant of penalty phase relief following a remand from the United States Supreme Court. On October 20, 2006, this Court issued an opinion partially granting habeas relief to Petitioner, Frank G...

Another legislature rejects capital rape

Posted on April 12, 2008
The Colorado legislature, keeping with the overwhelming majority of other state legislatures, will not be bringing back the crime of capital rape, albeit merely for certain child molesters. The details are here. A curious footnote here is whether, and if so how, this will impact on the pending Supreme Court case of Kennedy v...

yeah, yeah, yeah

Posted on April 10, 2008
Some time ago I realized that a few days, or sometimes weeks, before trial, I obsess trial. Little things go by the waste side. I get vapor lock. The only thing I seem to be able to think about is the jury saying “guilty” on all counts...

The quality of capital counsel

Posted on April 10, 2008
From the hearings earlier this week on the Senate Judiciary Committee; Subcommittee on the Constitution’s hearing entitled ?The Adequacy of Representation in Capital Cases?. via InCase. From Senator Feingold: Obviously, inadequate representation is not unique to capital cases...

Ohio Supreme Court grants relief.

Posted on April 09, 2008
The Ohio Supreme Court in State v. White, Slip Opinion No. 2008-Ohio-1623, has granted penalty phase relief on the grounds that Mr. White is mentally retarded. The Clerk’s Office notes: The Supreme Court of Ohio today granted a petition for post-conviction relief and vacated the death sentence of Clifton White III of Akron...

In trial starting Monday, no weekly email edition this week & only one favorable capital decision noted.

Posted on April 07, 2008
Prosecutors in State v. Maughan convinced a trial court to go along with their claim Maughan’s counsel was conflicted for zealously protecting their client’s interest (previously discussed here). Maughan’s counsel apparently informed witnesses they didn’t have to talk to cops...

calling it for what it is….

Posted on April 07, 2008
John Holdridge is at it again. By “at it” I mean hitting home runs. This time he takes on NADA’sJosh Marquis and his claims that less than 30 innocent people have been convicted and sentenced to die in the modern era: Support for the death penalty in the U...

lethal injection hearings in Ohio

Posted on April 07, 2008
The Washington Post has a major piece on the Ohio pretrial lethal injection litigation. This time WaPo focuses on Dr. Mark Heaths testimony: Heath, an assistant professor of anesthesiology at Columbia University, says it’s possible to perform lethal injection of prisoners in a humane manner, but that Ohio’s method falls below the standard for [...

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