Home -> Law Blog Directory -> Criminal Law Blogs -> StandDown Texas Project

Criminal Law

: StandDown Texas Project

The Power of Habeas

By standdown

"In Rare Habeas Grant, 3rd Circuit Finds Evidence of Murder Insufficient," is the title of Michael Booth's report in the New Jersey Law Journal, a Law.com publicationThe 3rd U.S. Circuit Court of Appeals on Thursday granted a writ of habeas corpus to a New Jersey man who has been in prison for more than two decades on a conviction of murder by association. The three-judge panel that ordered the writ criticized a New Jersey state appeals court for not recognizing an obvious lack of credible evidence against Paul Kamienski, 61, now serving a life sentence for his alleged participation in the 1983 shooting deaths of a Florida couple with whom he was brokering a cocaine deal. "Based upon our careful review of the record, and despite the very deferential standard that limits our inquiry, we believe that no reasonable juror could conclude that the evidence admitted against Kamienski at his trial established that he was guilty of murder or felony murder beyond a reasonable doubt, and the New Jersey courts' conclusion to the contrary is an unreasonable application of clearly established Supreme Court precedent," Judge Theodore McKee wrote in Kamienski v...continue to full post

Full post as published by StandDown Texas Project on June 02, 2009 (boomark / email).