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: Capital Defense Weekly

next edition

By Karl R. Keys, Esq.

The important cases for the upcoming edition have been addressed here previously, chiefly the stay in Skinner. One curiously missed case missed last week and not previously covered is Ingram v. State, 2010 Ala. LEXIS 45. Ingram ultimately concludes: “Appellate courts must be careful to evaluate a claim that a prepared order drafted by the prevailing party and adopted by the trial court verbatim does not reflect the independent and impartial findings and conclusions of the trial court.. . . 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 28, 2010 (boomark / email).