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Capital Defense Weekly 
Covering Capital Defense
Post Frequency: 17.8/day Last Entry: March 28, 2011 at 23:29:51 Recent Entries: 1052
By Karl R. Keys, Esq.
Go to Capital Defense Weekly, find other Criminal Law blogs, or browse all law blogs.
weekly’s finally out
Posted on November 25, 2009Weekly edition is out here: Two favorable cases are noted since the last edition. In Ex parte Brian Edward Davis the Texas Court of Criminal Appeals granted penalty phase relief as “[t]he nullification instruction given to applicant?s jury was not a sufficient vehicle to allow jurors to give meaningful consideration and full effect to the mitigating [...
Kenneth Biros and the one drug protocol
Posted on November 24, 2009Those inside Ohio are arguing that the one drug protocol is unnecessary human experimentation. Those outside Ohio are seemingly welcome the new protocol. If the new protocol fails seemingly so does Ohio’s current execution method resulting in indefinite moratorium...
David meet Goliath. WestLaw & Lexis meet your doom
Posted on November 24, 2009Google Scholar has added law reviews & case law. Dan Friedlander has more.
Cert grants from the long conference
Posted on September 30, 2009The so-called “long conference” cert list is down. No capital cases are noted, although a fair number of criminal cases were granted. A case not granted today is likely to be, but not guaranteed to be, denied Monday, October 5, 2009. SCOTUSBlog has the details.
Pigs fly: Texas CCA grants relief
Posted on September 30, 2009The CCA in Ex Parte Carl Buntion, NO. AP-76,236, granted relief in light of Penry II issues. Specifically: The nullification instruction given to applicant?s jury was not a sufficient vehicle to allow jurors to give meaningful effect to the mitigating evidence presented by applicant...
Shuffling the chairs on the Titanic & the Texas Forensic Science Commission
Posted on September 30, 2009From the wires: In a surprise move, Gov. Rick Perry today appointed two new members to a state commission investigating case of a Corsicana man who some believe was wrongly executed for murdering his children ? forcing the cancellation of a meeting on the case scheduled for Friday...
SCOTUSBlog issues final “Petitions to Watch”
Posted on September 29, 2009The SCOTUSBlog has issued their final “Petitions to Watch.” This list is heavy on criminal cases, especially capital and homicide cases.
weekly email edition is available
Posted on September 28, 2009The weekly email edition is available. From the intro Leading off this week is the Illinois Supremes Court’s holding in People v. Laurence Lovejoy. Pretrial the prosecution furnished in discovery an expert?s report indicating that the substance in which a footprint, identified as Lovejoy’s print, was discovered was not blood, at trial, however, the expert testified [...
A LI challenge to watch in Ohio
Posted on September 28, 2009via NYT: Lawyers for that inmate, Lawrence Raymond Reynolds Jr., who is scheduled to die on Oct. 8, said training and procedures for the execution team were inadequate to prevent cruel and unusual punishment. They cited the problems associated with the unsuccessful execution of Romell Broom, who was convicted of the 1984 abduction, rape and murder [...
Another failed costly government program
Posted on September 28, 2009This morning, the New York Times came out with an editorial urging states to consider abolishing the death penalty on the ground that it costs too much and depletes already sapped state budgets. It is far from a national trend, but some legislators have begun to have second thoughts about the high cost of death row...
Pennsylvania legislative development
Posted on September 28, 2009Pennsylvania is the only state in the northeast where both chambers of the state legislature have not for repeal of the death penalty. Pennsylvania took a step in the direction Monday with the introduction of Senate Bill 1110. The bill calls for a two-year suspension of executions while a thorough study of the capital punishment system [...
Texas stay
Posted on September 24, 2009The Supreme Court has stayed the execution of Kenneth Mosley: The U.S. Supreme Court Wednesday night stopped the scheduled execution of Texas death row inmate Kenneth Mosley a day before he was to receive lethal injection for the fatal shooting of a suburban Dallas police officer...
New scholarship on race and the death penalty
Posted on September 24, 2009Professor Scott Phillips, University of Denver has just published”Racial Disparities in Capital Punishment: Blind Justice Requires a Blindfold,” jin the latest edition of Advance: The Journal of the ACS Issue Groups. From ACS: In Harris County, Texas, the death penalty is more likely to be imposed against black defendants than white defendants, and death is more [...
Texas kills
Posted on September 22, 2009via the Morning News: A convicted hit man was executed Tuesday evening for a triple slaying in Houston nearly 14 years ago. Christopher Coleman, 37, was condemned for his part in a scheme by a Colombian man who hoped to eliminate a drug debt by staging a robbery...
Broom postponed indefinitely
Posted on September 22, 2009The New York Times indicates that Romell Broom’s potential (re)execution date has been pushed back indefinitely. As Doug Berman points out here, the real question is now whether any execution will be permitted to go forward in the Sixth Circuit.
For those who can’t wait,
Posted on September 21, 2009For those who can’t wait, the cases from the next edition are here. The email edition should be sent out Monday night.
this week’s edition is up
Posted on September 21, 2009This week’s edition is available here. Leading off this week are two decisions, the Florida Supreme Court’s Timothy Lee Hurst v. State and the Ninth Circuit’s Michael Allen Hamilton v. Ayers. In both cases the outcome is the same, a new sentencing hearing ordered...
updates
Posted on September 21, 2009Note: I’ve updated the execution dates to the right. Additionally, I’ve added below the execution dates the RSS feed from my delicious bookmarks for news stories that may or may not make it here pertaining to indigent defense, the death penalty, as well as other criminal defense & civil liberties issues (for some [...
Ohio stay – Broom
Posted on September 18, 2009NYT reports that An Ohio prisoner whose execution was halted after two hours on Tuesday because technicians were unable to find a usable vein that could be injected with lethal drugs won a stay Friday against another attempt to put him to death next week...
More on Cameron Todd Willingham’s death
Posted on September 18, 2009Nightline Thursday night covered in depth the Cameron Todd Willingham execution. The video is below:
Texas kills
Posted on September 17, 2009via AP: Stephen Moody, 52, strapped to the Texas death chamber gurney at Walls Unit in Huntsville, about 70 miles north of Houston, addressed his victim’s mother and son as they watched through a window. “I was unable to respond to you in the courtroom,” he said...
Florida penalty phase grant of relief
Posted on September 17, 2009The Florida Supreme Court Thursday in Timothy Lee Hurst v. State, No. SC07-179, unanimously granted a new sentencing hearing. The Court granted Mr. Hurst relief as trial counsel failed to present evidence that inclued his low IQ, borderline intellectual functioning and possible brain damage due to fetal alcohol syndrome.
Relief denied in DA/Judge affair
Posted on September 16, 2009Wire accounts note: The Texas Court of Criminal Appeals issued a ruling today that convicted murderer Charles Dean Hood should have raised concerns about the affair between the now retired court officials in earlier appeals. The ruling overturned a lower court’s recommendation that Hood be able to argue for a new trial...
this week’s edition
Posted on September 15, 2009This week’s edition is available. From the intro. Numerous defense favorable cases are noted in this edition covering cases since late August. Leading off, the Sixth Circuit in Gregory Thompson v. Bell remands in this Rule 60(b) appeal. The Bell panel remands on two separate and distinct sets of claims...
Ohio botch
Posted on September 15, 2009Ohio badly botched this morning’s execution. Possible double jeopardy challenge on the way. From DPIC: Romell Broom (pictured) was to be executed at 10 AM on Tuesday, September 15, in Ohio. The execution was delayed as the U.S. Court of Appeals for the Sixth Circuit considered granting him a hearing...
On holiday
Posted on September 06, 2009We’ll be back midweek from an extended Labor Day holiday. The weekly email edition will run next week.
Images of mitigation
Posted on September 03, 2009The Herald Tribune has some amazing photos of the mitigation presentation during the Michael King trial. h/t Brooke Butler.
Catching up on reading
Posted on September 02, 2009Ok, I confess, I read law review articles on an eliptical. When you don’t see law review articles posted here you can assume I’m not hitting the eliptical machine as much as I should. That doesn’t mean, however, that there hasn’t been new germane law review articles...
This week’s edition
Posted on September 01, 2009From the introduction to this week’s email edition: The Tenth Circuit’s opinion in Michael Lee Wilson v. Workman, en banc, leads off this week. The Wilson Court examines whether or not an “adjudication on the merits” was had in State court for purposes of the AEDPA...
A post worth repeating
Posted on September 01, 2009A Criminal Enterprise offers this post on the federal death penalty in NOLA & surrounding counties: When cases are prosecuted in federal court ? here, the Eastern District of Louisiana (which encompasses Orleans Parish) ? the jury is culled from the district as a whole, not just the county or parish where the crime occurred...
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My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
what are the proper and legal steps to dissolve a partnership in an ongoing farm business?
I would say that the final tax forms are dispersed for that year with the indica...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
Attorney welt, weinberg & reis co....from pittsburgh are collecting a credit card debt from capital one can they force me to send them a list of my assets for sheriffs sale
No! Only a Judge can make you do that and that is only after you have your day i...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
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