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: Capital Defense Weekly

email edition

By Karl R. Keys, Esq.

This week’s email edition it out.  From the intro: Leading off this edition is Thursday’s decision from the Florida Supreme Court in State v. Faunce Levon Pearce.  The trial court in Pearce granted both guilt phase and penalty phase relief based on trial counsel’s performance.  Finding no prejudice as to trial counsel’s performance in the guilt phase, specifically, not moving for a motion in limine to exclude certain evidence and to object at certain points in the trial, the Court reinstates Pearce’s conviction.  The Pearce Court affirms, however, the grant of penalty phase relief, despite the condemned’s purported waiver of mitigation evidence as “counsel never investigated Pearce?s background, never interviewed members of Pearce?s family, and never investigated mental health issues...continue to full post

Full post as published by Capital Defense Weekly on November 16, 2008 (boomark / email).