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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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in trial weekly to run next week

Posted on June 14, 2010
nuf said


apologies

Posted on June 13, 2010
I’m midtrial on a rather mundane (save to the litigants and their counsel) trial.  There is an outside chance it will be to jury by Monday night, if so the weekly will run, if not, it won’t.


California’s lethal injection administratively killed

Posted on June 09, 2010
via local media: The California Office of Administrative Law, a state body tasked with approving regulations proposed by agencies such as the California Department of Corrections and Rehabilitation, issued a detailed 21-page response explaining why the lethal injection procedure didn’t pass muster...


this week’s editin

Posted on June 08, 2010
From this week’s edition: Leading off in this abbreviated edition is a case missed last week,  Blaine Ross v. State, 2from the Florida Supreme Court.  In Ross the Court holds that the “the police, over a period of several hours of custodial interrogation, deliberately delayed administration of the warnings required by Miranda v...


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weekly edition

Posted on June 06, 2010
I’ve got trial call in the morning.  I’m hoping to have teh edition out this week and not have to double up again.From the advantage point here, so far at least, the most interesting appear to be: In re Jeffrey Beard, et al, 2010 U.S. App...


This week’s edition is now

Posted on June 01, 2010
This week’s edition is now out.  As always thanks for reading. Three grants of relief are noted this week: Comm. v. Wayne Smith (Penn), Danny Keith Hooks v. Workman (10th Cir), and, Kenneth Glenn Thomas v. Allen (11th Cir). Of the three Smith leads off...


This week’s edition should

Posted on June 01, 2010
This week’s edition should be out tonight. After the jump, the highlights of this week’s edition Defense Kenneth Glenn Thomas v. Allen, 2010 U.S. App. LEXIS 10836 (11th Cir 5/27/2010) Relief grant on Atkins/MR claim. As FindLaw notes: “the district court’s grant of the petition is affirmed where: 1) there was no Alabama precedent [...


List serv issues

Posted on May 25, 2010
The Weeklyemail edition was sent several hours ago. Unfortunately, it appears the server has not yet released it. My apologies for any inconvenience.


this week’s edition

Posted on May 25, 2010
From this week’s edition: Leading off this week’s edition is the SCOTUS’s surprising per curiam GVR in Lawrence Joseph Jefferson v. Upton. The Eleventh Circuit, in this pre-AEDPA case,  faced classic penalty phase ineffectiveness as trial counsel missed low hanging mitigation evidence...


preview

Posted on May 24, 2010
Decisions from the next edition (due out some time Monday) Stuff defense counsel should like Ernest Eugene Phillips v Workman, 2010 U.S. App. LEXIS 9679 (10th Cir 5/12/2010) “In a capital habeas matter, the denial of the petition is reversed where 1) Second-degree murder was a lesser-included offense at [...


weekly edition not running

Posted on May 19, 2010
Bad week in the office and the weekly won’t run this week (my apologies).  After the jump, the initial look at cases Week of May 9,  2010:  In favor of the prosecution or warden (initial list) Derrick O’Neal Mason v. Allen, 2010 U...


new scholarship

Posted on May 13, 2010
The Capital Jury Project’s Scot Sundby has new scholarship out on jury dynamics entitled “War and Peace in the Jury Room: How Capital Juries Reach Unanimity.” An initial quick read through indicates it is must read material for trial level litigators...


weekly edition

Posted on May 12, 2010
From this week’s edition:? Leading off this double edition is the Texas Court of Criminal Appeals opinion in Ex Parte Roy Gene Smith.  The CCA in Smith granted relief under  Penry.  ?[T]he trial court was required to provide a constitutionally adequate vehicle for the jury to fully consider and give effect to [the proffered mitigation [...


this week’s edition

Posted on May 10, 2010
After the jump the rough draft of this week’s cases, no barn burners. Week of May 2,  2010: In Favor of the State or Government (initial list) Alan Lyndell Wade v. State, 2010 Fla. LEXIS 687 (FL 5/6/2010) “None of a prosecutor’s statements during the guilt-phase or penalty-phase [...


out of town

Posted on May 02, 2010
I?ll be out of town for a good chunk of this week so no email edition will run. After the jump, however, a roundup of most of the cases decided in the last week.  For those who normally don’t skim down to the bottom of the post, the “other” list this week has a notable [...


Troy Davis Evidenitary hearing date set

Posted on April 27, 2010
An evidentiary hearing date has been set in the Troy Davis case — June 30 at Tomochichi Courthouse and Federal Building, Savannah, Georgia.


call for lawyers to volunteer for a study

Posted on April 27, 2010
via the inbox: Researchers at the John Jay College of Criminal Justice are conducting a study investigating the factors that influence attorneys’ plea bargaining decisions. The study is conducted online and takes approximately 20 minutes to complete...


weekly email edition available

Posted on April 26, 2010
from this edition’s intro: Leading off this week is the Kentucky Supreme Court’s decisions in Michael Dale St. Clair v. Commonwealth. Kentucky’s highest court previously vacated Mr. St. Clair’s  sentence, however, on retrial he was again sentenced to death...


this week’s cases

Posted on April 25, 2010
Quick look at the cases in the next edition. Please note that there are several trial court & district court decisions not listed below that should be in this week’s mailer. [more] Week of April 19,  2010: In Favor of the Accused or Condemned (initial list) Michael Dale St...


This week’s edition

Posted on April 20, 2010
From the intro to this week’s edition: Leading off this edition is the Colorado Supreme Court’s opinion in People v. Sir Mario Owens.  The Owens Court holds that the Colorado statute pertaining to a two year expedite unitary appeal process is a hortatory goal and not mandatory scheme...


On Lincoln’s last day 145 year ago

Posted on April 14, 2010
Executed Today has a great historical piece on Abraham Lincoln’s last official act before he was to meet his fate, clemency for a man condemned to die.


this week’s edition

Posted on April 13, 2010
I’ve been ordered to trial so this week’s edition is a little lighter than usual.  From this week’s edition: A small cacophony of favorable opinions leads off this week. The California Supreme Court in People v. Superior Court (Pearson) holds that, despite Proposition 115,  section 1054...


off – topic

Posted on April 12, 2010
One of the perks where I work, the views below are along some alternate routes to work.


working on it

Posted on April 11, 2010
The cases from this week’s edition are after the jump.  An unexpected trial call in the morning so the list is a little rougher than usual. Week of April 5,  2010: In Favor of the Accused or Condemned (initial list) Goff v. Bagley, 2010 U.S...


new scholarship

Posted on April 07, 2010
Vigilante Justice: Prosecutor Misconduct in Capital Cases (with four co-authors) now appears on SSRN: This Article examines categories of prosecutor misconduct that may occur in capital cases, and it discusses suggestions to help prevent and remedy such misconduct...


blog facelift

Posted on April 07, 2010
After receiving a fair number of (negative) comments, the blog’s appearance has been modified again. Hopefully it will be more easy to read.


weekly email edition

Posted on April 05, 2010
From this week’s edition: Leading off this edition is the Supreme Court’s sweeping, albeit noncapital, decision in Padilla v. Kentucky.  The Padilla Court acknowledges what many state courts and most defense lawyers already know, collateral consequences, specifically immigration, matter...


first look at this week’s cases

Posted on April 04, 2010
No blockbusters this week are noted, so far.  More after the jump; Willie Earl Scottv. State, 2010 Ala. Crim. App. LEXIS 22 (Ala. Crim. App. 3/26/2010)  Relief denied on numerous grounds including  (1)  “circuit court’s adoption of the State’s answer as its order summarily denying his petition;” (2) competence to stand trial; (3) trial court’s interference


next round of case law

Posted on March 30, 2010
The cases covered in the next edition are after the jump: Henry Skinner v. Switzer, No. 09-9000 (09A743) (3/24/2010) Grant of stay to determine issues relating to the availability of DNA testing under sec. 1983. Lonnie Wright Richie v. Workman,  2010 U...


weekly

Posted on March 30, 2010
From this week’s edition: Leading off this edition, the Supreme Court last Wednesday evening delayed the execution of Henry “Hank” Skinner indefinitely. Mr. Skinner sought federal relief on a  a civil rights claim that he was denied a chance to have DNA evidence tested in an attempt to prove his innocence of a triple murder more


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