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: Capital Defense Weekly

weekly email edition

By Karl R. Keys, Esq.

The weekly email edition is now available. From the intro: Leading off this edition is the Eleventh Circuit’s grant of relief in Earl J. McGahee v. Alabama Dept. of Corrections.  The panel in McGahee holds “the total exclusion of African-Americans in this county in which they comprised fifty-five percent and the strong evidence of race based decision-making both generally and especially with respect” to two certain jurors mandates relief under Batson/Miller-El. “The record in this case compels a finding that the State?s use of a peremptory strike in this case to dismiss Jones  constituted intentional discrimination, and violated McGahee?s rights under the Equal Protection Clause and the clearly established law as determined by the Supreme Court in Batson...continue to full post

Full post as published by Capital Defense Weekly on March 09, 2009 (boomark / email).