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: Capital Defense Weekly

email edition now available

By Karl R. Keys, Esq.

This week’s email edition is now available. Leading off this “double edition” is the Third Circuit’s opinion in Mumia Abu-Jamal v. Horn. The panel granted penalty phase relief as the Pennsylvania Supreme Court ?was objectively unreasonable? when analyzing whether the ?jury instructions and the verdict form created a reasonable likelihood that the jury believed? it was not permitted to find a mitigating factor unless all 12 agreed upon the mitigating factor. The panel splits on guilt phase relief on a Batson claim with the majority’s opinion being more than just a little underwhelming. As the dissent suggests, this case is likely headed en banc on the Batson issue. The Eleventh Circuit in one of the oddest set of facts seen in recent memory remands on the issue of equitable tolling in Ernest C...continue to full post

Full post as published by Capital Defense Weekly on April 14, 2008 (boomark / email).