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Criminal Law

: Sentencing Law and Policy

Two notable (and one suprising!?!) recetn capital rulings from the Eleventh Circuit

By Douglas A. Berman

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This past week the Eleventh Circuit handed down two notable capital rulings, one from Alabama and one from Florida: Powell v. Thomas, No. 11-12613 (11th Cir. June 15, 2011) (available here); Johnson v. Secretary, DOC, No. 09-15344 (11th Cir. June 14, 2011) (available here).  The Powell ruling, somewhat unsurprisingly, refused to stay an execution (which went forward Thursday) based on the defendant's complaints on various grounds about Alabama's changes to its execution protocol.  The Johnson ruling, somewhat surprisingly, granted habeas to a Florida capital defendant sentenced to death in 1980(!) based on an ineffective assistance of counsel claim.  Here is how the Johnson opinion, per Judge Carnes, gets started: Earlier this year the Supreme Court reminded lower federal courts that when the state courts have denied an ineffective assistance of counsel claim on the merits, the standard a petitioner must meet to obtain federal habeas relief was intended to be, and is, a difficult one...continue to full post

Full post as published by Sentencing Law and Policy on June 18, 2011 (boomark / email).

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