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: Capital Defense Weekly

weekly edition

By Karl R. Keys, Esq.

From this week’s edition:? Leading off this double edition is the Texas Court of Criminal Appeals opinion in Ex Parte Roy Gene Smith.  The CCA in Smith granted relief under  Penry.  ?[T]he trial court was required to provide a constitutionally adequate vehicle for the jury to fully consider and give effect to [the proffered mitigation evidence. The trial court?s failure to do so ?[went] to the very basis of the case? and ?vitally affected [the applicant?s] defensive theory? at the punishment phase, because the jury had no adequate means to act upon the applicant?s mitigation theory, such as it was.?  The CCA found similarly, in granting relief, in its unpublished decision Ex parte David Lee Lewis. In the news, the American Board of Anesthesiologists’ decided to sanction members who participate in lethal injection executions...continue to full post

Full post as published by Capital Defense Weekly on May 12, 2010 (boomark / email).