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Capital Defense Weekly 
Death Penalty News & Updates
Post Frequency: 3.2/day Last Entry: March 06, 2011 at 23:00:32 Recent Entries: 174
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the irregular round-up
Posted on March 06, 2011As happens when times allows, news we’ve either overlooked or that will appear in an upcoming edition: California has had its 53rd death inmate die of natural causes and yet no executions in 5 years Barnes & Noble recently announced that David R...
First look at the next edition
Posted on March 06, 2011As usually happens around here on a Sunday night, a first look at the cases in the next edition: In Favor of the Accused or Condemned Jason Michael Sharp v. State, 2011 Ala. Crim. App. LEXIS 12 (Ala. Crim. App. Feb. 25, 2011) ?[T]he State exercised its peremptory strikes in a discriminatory manner against African-Americans, [...
notable cert denial
Posted on January 18, 2011The Supreme Court Tuesday denied cert & lifted the stays imposed in the cases of Messrs. Cleve Foster and Gayland Bradford. The issue before the court was ineffective assistance of counsel and state postconviction remedies.
first look at MLK week edition
Posted on January 16, 2011From the upcoming edition: SCOTUS stay action Cleve Foster v. Texas, No. 10-8317 (1/11/2011) Stay granted on cert sought from this opinion from the Texas Court of Criminal Appeals on asuccessive state postconviction petition & denial of rehearing...
first edition of the New Year
Posted on January 10, 2011This week?s edition marks the first of 2011 including news of a commutation, a possible repeal in Illinois & a couple of defense “wins” in Alabama. Two cases from the Alabama Supreme Court,Ex parte Kenneth Eugene Billups & Ex parte Jimmy Lamar Killingsworth, Jr...
First week in November
Posted on November 03, 2010For the first week in November html/pdf: Leading off this week is Anthony Graves. As DPIC notes “Anthony Graves was released from a Texas prison on October 27 after Washington-Burleson County District Attorney Bill Parham filed a motion to dismiss all charges that had resulted in Graves being sent to death row 16 years ago...
last week in September edition
Posted on September 29, 2010From this weeks edition [html / pdf] Leading off this week’s is the Tennessee Court of Criminal Appeals’ decision in Leonard Edward Smith v. State. Smith presents a new twist on an old story, trial counsel’s failure to investigate. Rather than dealing with the usual failure of trial counsel find and present mitigation evidence, Smith [...
Running on Tuesday evening
Posted on September 26, 2010In light of the Supreme Court’s long conference orders list to be issued Tuesday morning, this week’s edition will mail out Tuesday night.
this week?s edition
Posted on September 07, 2010This week’s edition is now available: Leading off this edition is the Texas Court of Criminal Appeals? opinion in Ex parte Kenneth Wayne Thomas. The per curiam Thomas Court granted a new penalty phase trial in light of Penry and its progeny. ?Reviewing the case after remand, the record shows that the mitigating evidence presented [...
midweek update
Posted on August 26, 2010From around the web: Kentucky has set September 16 as the date for Gregory Wilson to die. This is a serious date. I should note, on a personal level, Greg got seriously screwed at trial and ended up being being represented by attorneys who were recruited via a request by the trial court judge nailed [...
not a good week
Posted on July 26, 2010The first look at cases either published since the last edition or not covered last week includes no win Abdul Awkal v. Mitchell, 2010 U.S. App. LEXIS 15148; 2010 FED App. 0214P (6th Cir. 7/23/2010) “In his petition, Awkal argues that (1) his counsel was ineffective at the guilt phase of his trial for calling [...
this week’s edition
Posted on July 20, 2010This week’s email edition is now available. From the intro This week finds few new and/or germane reported decisions. Of those scant decisions, none of the noted opinions are defense “wins.” In the news, Governor Phil Bredesen in Tennessee has commuted the death sentence of Gaile Owens to life imprisonment...
The Tennessee commutation
Posted on July 19, 2010via Steve Hall Tennessee Governor Commutes Death Sentence of Gaile Owens The commutation document is here. The Tennessee Governor’s Office has issued the news release, “Bredesen Commutes Death Sentence.” Governor Phil Bredesen today commuted the death sentence of Gaile Owens to life imprisonment...
weekly wrap up
Posted on July 19, 2010This week’s edition is available and online. From the intro: Leading off this edition is the Third Circuit’s decision in Sharris Rollins v. Horn. In granting a new penalty trial the panel notes that l trial counsel “did not begin to prepare mitigation evidence until 4:30 p...
indigent defense alerts
Posted on July 19, 2010For those who aren’t subscribed yet, NLADA offers “Gideon Alerts” concerning indigent defense that are simply, well, awesome. Anyone can join for free by sending an e-mail to d.carroll [-at-] nlada.org with their name and organization...
first look
Posted on July 19, 2010The first look at this week’s case law after the jump. Almost all the cases can be found by going to Lexisone.com and typing in the appropriate lexis cite OR going to Google Scholar and typing in the name of the condemned. In favorem vitae Sharris Rollins v...
out
Posted on July 19, 2010This week’s edition is now available. From the introduction: Two SCOTUS cases lead off this very belated edition. In Sears v. Upton the Court closed out Justice Stevens with a capital grant of relief. Five justices voted to grant the petition of certiorari, vacate the decision below, and remand, a/k/a a "GVR"...
pulling together the weekly
Posted on July 19, 2010[update: all the cases that will be in the next edition are given a synopsis after the jump] Thanks to a combination of bad planning & a bad schedule, this week’s edition will run, but exceptionally late. After the jump cases that haven’t been covered so far in daily posts...
themes
Posted on July 19, 2010After a brief peek at the next edition, I strongly suspect the quality of counsel (and indigent defense systems) will be a theme.
Life, what a beautiful choice
Posted on July 19, 2010Often when a landmark case moves from being a recent holding to a memory the interest in the individuals involved fades in to the oblivion. Ted Calvin Cole, now known as Jalil Abdul-Kabil, has plead to a life sentence in Texas. He is perhaps best known for his role in the murder of Raymond Richardson [...
Texas stay
Posted on July 19, 2010Local media reports that “four hours before convicted killer Jonathan Green was to have been executed in Huntsville, the Texas Court of Criminal Appeals issued a stay in order to consider arguments that Green is delusional and too mentally ill to be put to death...
first look
Posted on July 19, 2010Still working on the next edition, but as for now, all new noted decisions are in favor of the executioner. Those cases noted, so far, after the jump: Frederick Treesh v. Bagley, 2010 U.S. App. LEXIS 14260; 2010 FED App. 0200P (6th Cir. 7/13/2010) “Habeas relief was properly denied as to death-row inmate's claims of [...
The Tennessee commutation
Posted on July 16, 2010via Steve Hall Tennessee Governor Commutes Death Sentence of Gaile Owens The commutation document is here. The Tennessee Governor’s Office has issued the news release, “Bredesen Commutes Death Sentence.” Governor Phil Bredesen today commuted the death sentence of Gaile Owens to life imprisonment...
weekly wrap up
Posted on July 13, 2010This week’s edition is available and online. From the intro: Leading off this edition is the Third Circuit’s decision in Sharris Rollins v. Horn. In granting a new penalty trial the panel notes that l trial counsel “did not begin to prepare mitigation evidence until 4:30 p...
indigent defense alerts
Posted on July 12, 2010For those who aren’t subscribed yet, NLADA offers “Gideon Alerts” concerning indigent defense that are simply, well, awesome. Anyone can join for free by sending an e-mail to d.carroll [-at-] nlada.org with their name and organization...
first look
Posted on July 12, 2010The first look at this week’s case law after the jump. Almost all the cases can be found by going to Lexisone.com and typing in the appropriate lexis cite OR going to Google Scholar and typing in the name of the condemned. In favorem vitae Sharris Rollins v...
out
Posted on July 09, 2010This week’s edition is now available. From the introduction: Two SCOTUS cases lead off this very belated edition. In Sears v. Upton the Court closed out Justice Stevens with a capital grant of relief. Five justices voted to grant the petition of certiorari, vacate the decision below, and remand, a/k/a a "GVR"...
pulling together the weekly
Posted on July 07, 2010Thanks to a combination of bad planning & a bad schedule, this week’s edition will run, but exceptionally late. After the jump cases that haven’t been covered so far in daily posts. In favor of the Condemned Khalid Ali Pasha v...
Life, what a beautiful choice
Posted on July 02, 2010Often when a landmark case moves from being a recent holding to a memory the interest in the individuals involved fades in to the oblivion. Ted Calvin Cole, now known as Jalil Abdul-Kabil, has plead to a life sentence in Texas. He is perhaps best known for his role in the murder of Raymond Richardson [...
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