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email edition ready

By cdw

This week’s email edition is now available here: Leading off this edition is the Sixth Circuit’s grant of penalty phase relief in Rayshawn Johnson v. Bagley where counsel started thinking about a mitigation strategy when ?the verdict was back and [the jury] found [Johnson] guilty? and otherwise performed poorly in the penalty phase of the trial.  The Florida Supreme Court in Andrew Michael Gosciminski v. State orders a new trial in light of the admission of hearsay in what it termed a weak case for the State. Similarly, the Florida Supreme Court remanded in Dana Williamson v. State as to whether “defendant?s counsel was ineffective in failing to request a Frye hearing before the opinion testimony of the State?s expert, Dr. Robert Ofshe, was admitted into evidence...continue to full post

Full post as published by Capital Defense Weekly on October 26, 2008 (boomark / email).