Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

up & out

By Karl R. Keys, Esq.

From the intro to this week’s edition: Leading off this edition is the Arkansas Supreme Court’s decision concerning the West Memphis Three in Damien Echols v. State, Baldwin v. State & Misskelley v. State.  The Court holds “that the circuit court erroneously interpreted the Arkansas DNA testing statutes” when it denied the three DNA testing.  On remand “the circuit court shall hear Echols?s motion for a new trial and consider the DNA-test results ‘with all other evidence in the case regardless of whether the evidence was introduced at trial’ to determine if Echols has ‘establish[ed] by compelling evidence that a new trial would result in acquittal.’”  The Arkansas DNA test “statute requires that the court ‘promptly set an early hearing on the petition and response’ unless ‘the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief...continue to full post

Full post as published by Capital Defense Weekly on November 16, 2010 (boomark / email).