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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.
Legislative update
Posted on March 25, 2008In Nebraska, the death penalty remains, however, the state is left with no means to execute people. AP notes: Nebraska lawmakers rejected an attempt to repeal the death penalty on Tuesday, a month after courts left the state with no way to execute its killers...
Closure: new scholarship
Posted on March 24, 2008Susan Andes has just released fascinating new scholarship on murder and closure over at SSRN. Prof. Andes’ article is aptly entitled Victims, ‘Closure’, and the Sociology of Emotion. A first read suggests that the piece adds substantial strength to the argument that proved so powerful in New Jersey, the death [...
All eyes on Nebraska Tuesday
Posted on March 24, 2008Last month Nebraska’s Supreme Court removed the state’s only mean to conduct executions, holding the electric chair violated basic norms of decency. A de facto moratorium ensued amidst political opposition to reviving executions. Tuesday an effort to break the status quo will occur with an attempt to abolish the death penalty...
Eyewitness ID reform legislative updates
Posted on March 24, 2008In a move that has drawn scant little press, North Carolina earlier this month began requiring “independent administrators” to run lineups there. “The law also requires the lineup to have fillers — people who are not suspects in the crime that look like the suspect...
Touring Pennsylvania
Posted on March 24, 2008Touring Pennsylvania?!?! No, not the recently announced bus tour by the BaRock Star, but the Voices of Hope Agents of Change Tour. traveling through most of Pennsylvania (sorry Coudersport, you’re out of luck again). Andy Hoover is tracking the tour over at ACLU- PA blog From his first blog post concerning the tour: It was [...
Politicians and criminal justice issues
Posted on March 24, 2008The Sentencing Project offers a great new resource on the Presidential candidates & criminal justice resource. Via Brian’s great work over at DP OAR: The Sentencing Project posts “2008 Presidential Candidates? Platforms on Criminal Justice“(March 2008) - “A guide to the 2008 Presidential Candidates’ Platforms on Criminal Justice that provides information on a range of [...
A BIG legislative win in Maryland
Posted on March 24, 2008The Maryland legislature voted overwhelmingly in favor of a death penalty study commission Monday night. The votes were 89-48 in the House and 33-14 in the Senate. The bills need to be reconciled and will go to a conference committee to agree on language and then back through both houses [...
email edition now available
Posted on March 23, 2008This week’s email edition is now available: The Supreme Court’s holding in Snyder v. Louisiana dominates this issue. The core holding of Snyder is a ” straightforward application ” and reaffirmation of Batson and Miller-El with Justices Alito and Roberts joining the Miller-El majority...
Notes from the northeast
Posted on March 23, 2008A couple notes from events in the northeast: On April 14, Seton Hall Law School and several co-sponsors will host a day-long symposium, “Legislation, Litigation, Reflection, and Repeal: The Legislative Repeal of Capital Punishment in New Jersey...
4000
Posted on March 23, 2008On Easter four Americans were killed by an IED. There deaths bring the number of American dead to 4000. Technorati Tags: Iraq
Client secrets & keeping your mouth shut
Posted on March 22, 2008Last week I posted on Monroe H. Freedman?s Getting Honest About Client Perjury. The title of Freedman’s article, however, is more than a little misleading. The article is better described as a primer on the criminal defense lawyer’s duty to her clients...
Helping the exonerated
Posted on March 22, 2008National Law Journal columnist Vivian Berger writes, “Exonerated Prisoners: Improve remedial laws.” The wrongful Convictions Tax Relief Act of 2007, S. 2421, recently introduced by senators Charles E. Schumer, D-N.Y., and Sam Brownback, R-Kan...
One last, last look at Snyder
Posted on March 22, 2008Death Watch gently chides us for missing what it views as the central holding of Snyder v. Louisiana, that Batson still applies. The Supreme Court ruled in Snyder v. Louisiana (opinion here, SCOTUSWiki background here) on Wednesday. The Court did not address the ?sexiest? issue in the case; that the prosecutor made reference to OJ Simpson [...
“Make Room For The Serious Criminals” Bill to be introduced
Posted on March 22, 2008Rep. Barney Frank (D - Mass) announced Friday night a simple bill to help clear federal prisons & make room for just “serious criminals.” The so-called “Make Room For The Serious Criminals” Bill will be introduced in the coming weeks...
Life: a beautiful choice
Posted on March 22, 2008Two important decisions for life are noted. Earlier this week prosecutors accepted a guilty plea from Thomas Joe Miller-El (yes, that Miller-El) in which he avoids a death sentence in return for what amounts to a life sentence). Albeit a little late, “on March 13, 2008, the jury in US v...
An oldie but goodie on eyewitness testimony
Posted on March 21, 2008This video has been for awhile but remains perhaps my favorite on visual perception & eyewitness perception. [h.t Scott Greenfield]
Monthiversary
Posted on March 21, 2008Just a quick note to say baby Joey has hit the magical six month mark. His picture blog is here (thank god he looks like his mom and not me).
Lingering doubt
Posted on March 20, 2008For the most part reading the California Supreme Court’s capital jurisprudence or almost any courts’ opinion on lingering doubt is much like have sex with a porcupine, not very satisfying. Today, however, the Cali Supreme Court in People v...
Race still matters in jury selection
Posted on March 19, 2008In a decision that comes as a surprise to no one, the Supreme Court on Wednesday morning granted a new trial to Allen Snyder of Kenner, La. The opinion in Snyder v. Louisiana can be downloaded here. The trial court in Snyder struck every African-American jury in the jury pool who was not removed [...
One last look at Snyder
Posted on March 19, 2008A few passing thoughts on Snyder that I don’t think have received sufficient attention, on the major online sites, wires, lists, etc.. First, Chase Law’s Michael J.Z. Mannheimer hits the most important “take away” from the opinion with this pithy analysis in the comments at the Volokh Conspiracy: First, the case seems to shift [...
Death penalty study bill looks to pass in Maryland
Posted on March 19, 2008Wire stories are reporting that Maryland appears headed to have a study of its death penalty. A state Senate committee voted Wednesday to set up a task force to study hether the death penalty should be repealed. The study proposal still must be approved by the full Senate and the House before [...
A key rehearing
Posted on March 18, 2008The Fifth Circuit has granted rehearing in Moore v. Quarterman, No. 05-70038 (5th Cir. 3/14/2008). The issue is Atkins & the procedural issues surrounding it. From Decision of the Day: In July of 2006, I blogged about this Fifth Circuit decision, in which a divided panel affirmed a denial of habeas relief to a death row [...
Poll numbers
Posted on March 18, 2008The latest Harris numbers on the death penalty are now available. The numbers reflect the sharpest year to year drop in recent memory & the first poll that I recall finding that Americans believe the death penalty is over used. Currently, 63 percent of Americans believe in the death penalty while three in ten (30%) are [...
Losses in the heart of old Dixie
Posted on March 18, 2008The federal appellate courts of the old Confederacy handed down three losses on Tuesday. In quick summary review, Trawick v. Allen, No. 07-11611, (11th Cir 3/18/2008), sees a loss on allegations the prosecution used its peremptories to remove women from the jury in a discriminatory manner...
New scholarship on charging decisions
Posted on March 18, 2008New scholarship by Katherine Y. Barnes, David Sloss, & Stephen C. Thaman, entitled Life and Death Decisions: Prosecutorial Discretion and Capital Punishment in Missouri. The trio examines, as the article’s name suggests, capital charging decisions in Missouri...
SCOTUS doings
Posted on March 17, 2008The Supreme Court granted cert today in five criminal law (or quasi-criminal law) related cases. The Court also heard argument on the right to counsel Rothgery v. Gillespie County.
Georgia Supreme Court to Troy Davis: Innocence doesn’t matter
Posted on March 17, 2008The Georgia Supreme Court’s decision in Davis v. State, No. S07-A1758, is here. In a sharp 4-3 decision the Georgia Supreme Court denies relief over a strong claim of innocence. The evidence of innocence, the majority holds, comes too late...
Monday morning Troy Davis blogging
Posted on March 17, 2008Later this morning the Georgia Supreme Court is expected to rule on what amounts to Troy Davis’ last best hope for justice. The factual background on Davis’ reads something like this: In the early morning hours of August 19, 1989, off-duty police officer Mark McPhail was murdered as he responded to an altercation and assault [...
AG Mukasey — don’t execute the 9/11 plotters & other Gitmo detainees
Posted on March 17, 2008ABC News reports: Attorney General Michael Mukasey suggested Friday that he believes the alleged 9/11 plotters held at Guantanamo Bay should not be executed if convicted. ?I kind of hope they don?t get it,? Mukasey said after a speech at the London School of Economics...
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Self Defense
It's legal to defend yourself and your family
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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
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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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