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Criminal Law

: Law Of Criminal Defense

CA8: Completely bungled defaulted by IAC death case may have no relief left

By John Wesley Hall, Jr.

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A habeas petitioner represented in his state post-conviction proceedings by an incompetent convicted felon from another state (the licensing state did not know about the conviction until he was convicted of fraud in federal court) defaulted his claims. Wooten v. Norris, 06-4068 (8th Cir. August 26, 2009). See Judge Myron Bright, concurring: Although the relevant statutory and judicial authorities compel me to concur in the court’s opinion, I nonetheless write separately to further explain my views. This is a sad case. Sad first and foremost for the victims of a heinous crime. But also because this case vividly shows that, for those convicted of capital offenses, the quality of counsel may well be the difference between life imprisonment without parole and the death penalty...continue to full post

Full post as published by Law Of Criminal Defense on August 29, 2009 (boomark / email).

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