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The Fifth Circuit rips the CCA

By Karl R. Keys, Esq.

The Fifth Circuit in Michael Wayne Hall v. Quarterman, No. 06-70041, rips in to the CCA on the failure to hold a live evidentiary hearing on Hall’s Atkins claim.  The state courts held a paper hearing on thdeclaims.  As the press accounts note: A federal appeals court is ordering a hearing for a man condemned for abducting, torturing and killing a woman in suburban Dallas and is critical of Texas courts for refusing to hold such a hearing to consider evidence the convicted killer may be mentally retarded and ineligible for the death penalty. A three-judge panel of the 5th U.S. Circuit Court of Appeals blistered the trial court and the Texas Court of Criminal Appeals for relying on written arguments rather than hold an open evidentiary hearing in the case of Michael Wayne Hall, sentenced to die for killing Amy Robinson in 1998...continue to full post

Full post as published by Capital Defense Weekly on July 01, 2008 (boomark / email).