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SCOTUS grants stay in Virginia capital case raising intriguing double jeopardy claim

By Douglas A. Berman

I noted here last week the notable case of Powell v. Kelly, a capital case from Virigina raising a notable double jeopary claim.  This Washington Examiner article reports on the latest development in the case: The U.S. Supreme Court halted the execution of a Prince William County man who was set to die tonight so the justices could consider whether to hear arguments that Paul Warner Powell was unconstitutionally tried twice for killing a 16-year-old Manassas girl. The order came as Virginia corrections officers were practicing electric chair procedures for the 31-year-old Powell, who in 1999 drove a knife into the heart of teenager Stacie Lynn Reed before raping and stabbing her 14-year-old sister, Kristie. Related prior post: Will bad facts doom a double jeopardy claim brought to SCOTUS in capital case? continue to full post

Full post as published by Sentencing Law and Policy on July 14, 2009 (boomark / email).