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Criminal Law

StandDown Texas Project

Texas-centric examination of conditions, reform initiatives, and emerging issues related to best practices in the indigent criminal justice system with particular attention to issues involving capital punishment and the administration of the death penalty.
By StandDown Texas Project

Post Frequency: 49.3/day

Last Entry: April 01, 2011 at 14:21:29

Bell v. Kelly - Dismissed

Posted on November 17, 2008
SCOTUS Blog reports this morning, "Court dismisses granted criminal case." The post is by Lyle Denniston.The Supreme Court on Monday dismissed a criminal case it had heard just last Wednesday, saying it should not have granted review ? that is,...

Another Cell Phone Confiscated on Texas Death Row

Posted on November 17, 2008
That's the title of an AP report from Saturday's Fort Worth Star-Telegram. LINKTexas prison officials seized another contraband cellphone from a Death Row inmate, this one concealed in his rectum, a spokeswoman said Friday.Two cellphone SIM cards were found hidden...

Reaction to Maryland Commission Call for Abolition

Posted on November 14, 2008
"A needed debate," is today's Baltimore Sun editorial.Maryland's death penalty law violates the most basic standards of fairness and decency. That's the conclusion of a state commission on capital punishment, and it should prompt citizens to insist that lawmakers bring...

Texas Execution

Posted on November 14, 2008
Texas executed Denard Manns last night in Huntsville. It was the 17th execution of 2008; the 422nd in the state since 1982. Three more executions are scheduled in Texas next week on consecutive nights.AP has this report on Denard Manns....

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Scheduled Execution

Posted on November 13, 2008
Texas is scheduled to carry out its 17th execution of 2008 tonight in Huntsville; the second in two consecutive nights. It would be the 422nd in the state since 1982. Three more executions are scheduled in Texas next week.The Killeen...

UT's Capital Punishment Clinic Celebrates 20th Anniversary

Posted on November 13, 2008
The University of Texas School of Law's Capital Punishment Clinic is celebrating it's 20th anniversary with a symposium this afternoon. The Clinic has been a vital source for post-conviction review of Texas death penalty cases, including notable victories in the...

In Collin County

Posted on November 13, 2008
Collin County, the scene of what I dubbed the Plano HoodWink, is gearing up for a new capital trial in which race is a significant matter. "Attorney fights to dismiss death penalty," is the Plano Star Courier report by Stephanie...

DoJ to finalize regulations on states' fast-track review of death penalty cases

Posted on November 13, 2008
That's the title of Marcia Coyle's report in the upcoming issue of National Law Journal. LINK The controversial proposal is also sometimes referred to as "opt-in," as well as fast-track.The Department of Justice plans to publish final regulations before the...

Maryland Commission Calls for Abolition of Death Penalty

Posted on November 13, 2008
The Maryland Commission on Capital Punishment has voted 13-7 to recommend that the state's death penalty be abolished. The Baltimore Sun report is, "Repeal of death penalty urged," by Gadi Dechter and Laura Smitherman.A state commission reviewing capital punishment recommended...

Maryland Study Commission Nearing Completion of Work

Posted on November 12, 2008
AP reports, "Maryland: Panel to discuss death penalty recommendations," via the Delmarva Daily Times.The Maryland Commission on Capital Punishment is scheduled to meet to discuss draft recommendations on what they will be submitting to the General Assembly...

Rick Casey on Pat Lykos

Posted on November 12, 2008
The Houston Chronicle columnist looks at the newly elected Harris County District Attorney in, "New DA's ambitious intentions." Casey notes that Lykos was a criminal district court judge for 15 years.Pat Lykos fits some Texas law 'n order stereotypes...

Scheduled Execution

Posted on November 12, 2008
Texas is scheduled to carry out its 16th execution of 2008, tonight in Huntsville. It would be the 421st in the state since 1982. Four more executions are scheduled in Texas this month, including one tomorrow night. An additional seven...

Texas Execution

Posted on November 12, 2008
Texas carried out its 16th execution of 2008, tonight in Huntsville. It was the 421st in the state since 1982. Four more executions are scheduled in Texas this month, including one tomorrow night. An additional seven are already scheduled in...

Supreme Court Rejects Challenge to Victim Impact Videos

Posted on November 11, 2008
Also yesterday, the Court refused to hear Kelly v. California. Lyle Denniston has, "Court turns aside test on ?victim impact? videos," at SCOTUS Blog.The Supreme Court refused on Monday, over the protests of three Justices, to provide new guidance on...

Melendez-Diaz v. Massachusetts, No. 07-591

Posted on November 11, 2008
Yesterday, the U.S. Supreme Court heard oral arguments in the above-styled case. The transcript is here."Court Weighs How Juries Should Hear Lab Evidence," is Adam Liptak's report in today's New York Times.The Supreme Court heard arguments on Monday in a...

Utah's High Court Issues Death Penalty Warning

Posted on November 10, 2008
That's the title of a report by Pamela Manson in the Saturday Salt Lake Tribune. LINKConcerned about the lack of qualified lawyers willing to represent indigent death-row inmates, the Utah Supreme Court warned Friday it might be forced to reverse...

What the Obama Administration May Mean for the Courts of Appeal & DoJ

Posted on November 10, 2008
There are articles in the latest National Law Journal and Legal Times I'd like to highlight. First, NLJ's Pamela MacLean reports, "Election reshapes legal landscape: Obama could remake circuits." Here's an extended excerpt:As president, Barack Obama will have the opportunity...

As DNA Test Backlogs Soar, U.S. Cuts Funding

Posted on November 10, 2008
That's the title of a report in Sunday's Los Angeles Times reported by Benjamin Protess and Joel Rubin. LINK Here's an extended excerpt from the beginning of the article:Last summer, the Los Angeles Police Department was dealt a rude shock....

In New Hampshire

Posted on November 10, 2008
There is editorial reaction to a life sentence handed down in a rare New Hampshire case in which the death penalty had been sought.The Concord Monitor editorial is, "Death penalty can never be applied fairly." The death penalty degrades society...

In Florida

Posted on November 10, 2008
"Florida can't cut corners in death cases," is the title of an editorial in the Saturday St. Petersburg Times.The Florida Supreme Court has set aside the Legislature's latest and hopefully final attempt to provide death row inmates with representation on...

Ex-Judge Wants Man Off Death Row

Posted on November 10, 2008
That's the title of an article in today's Houston Chronicle about George Whitaker and his clemency petition filed by former Texas district judge Jay Burnett. It's written by Allan Turner. LINKWith Crosby murderer George Whitaker's execution just days away, state...

Citing Rising Workload, Public Lawyers Reject Cases

Posted on November 08, 2008
That's the title of a must-read report in today's New York Times by Erik Eckholm. LINK Here's the opening:Public defenders? offices in at least seven states are refusing to take on new cases or have sued to limit them, citing...

Tour the Legal Web's New Sites

Posted on November 07, 2008
That's the title of Robert Ambrogi's must read article at Law.com's Legal Technology Review. LINK Here are some snippets:LexisNexis has launched a beta version of its Web search tool, called Lexis Web. Unlike general search sites such as Google, Lexis...

Brian Nichols Found Guilty by Atlanta Jury

Posted on November 07, 2008
Loyal readers know that StandDown has followed the Georgia trial because of its impact on indigent defense issues. The Atlanta Journal-Constitution reports that Nichols has been found guilty. Superior Court Judge James Bodiford sent the jury home until 8:40 a...

In Delaware

Posted on November 07, 2008
The Delmarva Daily Times reports today, "Deadline set in fight over executions."A federal judge in Wilmington has set a deadline in a lawsuit brought by death row inmates challenging the constitutionality of Delaware's lethal injections.Both sides were told to submit...

District Attorney?s Office v. Osborne

Posted on November 07, 2008
Continuing in catch up mode, On Monday The Supreme Court agreed to hear District Attorney?s Office v. Osborne. The SCOTUSwiki page is here.At SCOTUS Blog, Lyle Denniston had this initial report.In the new DNA evidence case, District Attorney?s Office v...

Jimenez v. Quarterman

Posted on November 07, 2008
Let's begin some catch up with Tuesday's oral argument at the Supreme Court in the Texas case of Jimenez v. Quarterman. The transcript is here. Tom Goldstein, founder of SCOTUS Blog, was counsel for Carlos Jimenez.The ScotusWiki page is here,...

Texas Execution

Posted on November 07, 2008
Texas carried out its 15th execution of 2008, last night in Huntsville. It was be the 420th in the state since 1982. Five more executions are scheduled in Texas this month; an additional seven are already scheduled in 2009. TDCJ...

Thursday

Posted on November 06, 2008
I'll be at a conference most of the day. Posts will resume this afternoon, or as time and WiFi allow.

Scheduled Execution

Posted on November 06, 2008
Texas is set to carry out its 15th execution of 2008, tonight in Huntsville. It would be the 420th in the state since 1982. It would be the first of six scheduled executions in Texas this month. TDCJ maintains this...

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