Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Despite three strikes against prosecutors, prosecution of alleged murderer still not out

By Douglas A. Berman

With my sports brain now turning from March Madness to Opening Day, I could not help but think of a sports metaphor to describe this morning's ruling in the Sixth Circuit habeas case of Girts v. Yanai, No. 08-4592 (6th Cir. Mar. 29, 2010) (available here).  Here is how the the opinion starts: Petitioner Roberts Girts appeals the district court?s decision not to bar a pending third trial following the state?s failure to retry Petitioner within the time provided by this Court?s conditional grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2254.  Petitioner has twice been convicted of the 1992 murder of his wife.  Both convictions were subsequently overturned based on prosecutorial misconduct. The first conviction was overturned by the state court on direct appeal...continue to full post

Full post as published by Sentencing Law and Policy on March 29, 2010 (boomark / email).