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next round of case law

By Karl R. Keys, Esq.

The cases covered in the next edition are after the jump: Henry Skinner v. Switzer, No. 09-9000 (09A743) (3/24/2010) Grant of stay to determine issues relating to the availability of DNA testing under sec. 1983. Lonnie Wright Richie v. Workman,  2010 U.S. App. LEXIS 6210 (10th Cir 3/25/2010)  Death sentence set aside. “[I]t was unreasonable for the OCCA to decide that the evidence did not support a jury instruction on second-degree depraved-mind murder. The OCCA?s affirmance of the denial of the lesser-included instruction was an unreasonable application of the law clearly established by the Supreme Court in Beck”  Relief denied on “jury bias regarding his failure to testify.” Ingram v. State, 2010 Ala. LEXIS 45 (Ala 3/19/2010) “In the simplest terms, the patently erroneous nature of the statements regarding the trial judge’s “personal knowledge” and observations of Ingram’s capital-murder trial undermines any confidence that the trial judge’s findings of fact and conclusions of law are the product of the trial judge’s independent judgment and that the June 8 order reflects the findings and conclusions of that court...continue to full post

Full post as published by Capital Defense Weekly on March 30, 2010 (boomark / email).