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: Capital Defense Weekly

the email edition for cases decided since mid-March

By Karl R. Keys, Esq.

It is that time again.  The new weekly email edition is here: The Georgia Supreme Court this week leads the way. In David Aaron Perkins v. Hall the Georgia Supreme Court set aside a death sentence because of ineffective assistance at the penalty phase. The Court held counsel was ineffective despite Mr. Perkins’s resistance to their efforts which included refusing even to submit to a mental health evaluation. In relying on ABA Standards in assessing counsel?s performance the Court held that prejudice was established by the non-expert testimony of  Mr. Perkins? behavior including how his behavior changed after two head injuries. On the guilt phase issues, however the defendant defaulted his competency issues. Finally, the Court remanded for further findings a jury note saying it was concerned about its safety which could still yet result in vacateur of the guilt phase verdict...continue to full post

Full post as published by Capital Defense Weekly on March 28, 2011 (boomark / email).