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Criminal Law

StandDown Texas Project StandDown Texas Project

Texas-centric examination of conditions, reform initiatives, and emerging issues related to best practices in the indigent criminal justice system with particular attention to issues involving capital punishment and the administration of the death penalty.
By StandDown Texas Project

Post Frequency: 49.3/day

Last Entry: April 01, 2011 at 14:21:29

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Statements on Today's Rothgery Ruling

Posted on June 23, 2008
Texas AP has, "Legal help too slow in Texas arrest, high court says," written by Mike Graczyk, via the San Antonio Express-News. A man whose life was turned upside-down by a wrongful arrest and weeks in jail should have been...


In Ohio

Posted on June 23, 2008
Ohio AP has two articles of note, today. First is, "Ohio prosecutor uses new approach to death penalty," via the Akron Beacon Journal. Death penalty cases were once common in Franklin County, though death sentences were not. Without acknowledging a...


U.S., Mexico Clash Again in Court Over Executions

Posted on June 23, 2008
That's the title of Marcia Coyle's report in National Law Journal on last week's World Court session. It's subtitled, "Mexico seeks to delay executions, claiming U.S. in default on treaties." Lawyers for the United States and Mexico are back in...


Texas Executions

Posted on June 23, 2008
Rosanna Ruiz reports, "Texas gets off to slow restart on executions," in the Houston Chronicle. Of the three inmates who had dates with death this year, only one was sent into Texas' death chamber and executed, an uncharacteristic start for...


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Rothgery Decided

Posted on June 23, 2008
From SCOTUS Blog: The Court has released the opinion in Rothgery v. Gillespie County (07-440), on the point at which adversarial proceedings have been initiated against an individual for purposes of triggering his Sixth Amendment right to appointed counsel...


At the Supreme Court

Posted on June 23, 2008
I'm watching SCOTUS Blog's live blog of today's Court session. The Court has granted cert in Cone v. Bell. From SCOTUS Blog: Cone v. Bell (07-1114), where the Sixth Circuit found a habeas petitioner procedurally defaulted his claim by presenting...


Editorials on the Charles Hood Case

Posted on June 23, 2008
Today's Austin American-Statesman carries the editorial, "A trial untainted by kiss of death." No doubt, answering questions about a supposed romance long ago will prove embarrassing to Holland and O?Connell, who are no longer in public office. But a man?s...


County $2 Million Secret

Posted on June 20, 2008
That's the title of an article in the Yakima Herald. The newspaper is suing to obtain an accounting of defense costs in two recent trials. LINK Months after two men were convicted and sentenced for murder, Yakima County officials are...


Lethal Injection Round-Up

Posted on June 20, 2008
Today's Cleveland Plain Dealer carries the editorial, "A time for death-penalty soul searching in Ohio." Lorain County Common Pleas Judge James M. Burge has ruled that the way Ohio exe cutes condemned prisoners violates the state's own death-penalty law...


News Coverage of Indiana v. Edwards

Posted on June 20, 2008
The opinion is here. The ScotusWiki page is here. Linda Greenhouse reports, "Self-Representation by the Mentally Ill Is Curbed," in today's New York Times. A mentally ill defendant who is nonetheless competent to stand trial is not necessarily competent to...


Mexico Returns to World Court

Posted on June 20, 2008
The McAllen Monitor has, "Mexico: Men in 'immediate' danger of execution." Mexico urged the United Nation's primary court to act quickly Thursday and block the imminent executions of five of its citizens in Texas. If not, the men - including...


More Rick Casey Commentary on Hood

Posted on June 20, 2008
His latest Houston Chronicle column is, "Judge sat out an alleged lover's case." It's not as though Judge Verla Sue Holland never recused herself from a case involving her alleged ex-lover, former Collin County District Attorney Tom O'Connell. She did...


Pace of Texas Executions Revives Fairness Disputes

Posted on June 20, 2008
That's the title of Steve Mills' article in today's Chicago Tribune. LINK In September, the execution of Michael Richard in Texas was steeped in controversy. The state's highest criminal court shut its doors at 5 p.m. and Richard's attorneys were...


More on DNA Tests Ordered for Darlie Routier

Posted on June 19, 2008
Steve McGonigle and Debra Dennis report, "Court grants Darlie Routier right to limited DNA testing of evidence in '96 child killings." Reversing a Dallas judge's decision, the Texas Court of Criminal Appeals ruled unanimously that Mrs. Routier, 38, is entitled...


Continued Coverage of Charles Hood Case

Posted on June 19, 2008
The e-version of the ABA Journal today reports, "Texas High Court Judge Defends Execution Order." The judge in charge of the case for death-row inmate Charles Dean Hood is defending a ruling made without input from defense lawyers that allowed...


At the Supreme Court - Indiana v. Edwards Issued - UPDATED

Posted on June 19, 2008
Neither Kennedy v. Louisiana, nor Rothgery v. Gillespie County was issued today. 10 cases await a ruling this term SCOTUS Blog reports: The Court has released the opinion in Indiana v. Edwards (07-208), on whether criminal defendants found competent to...


Diane Jennings' Updated Report

Posted on June 18, 2008
...in the Dallas Morning News is, "Collin County murderer not executed after day of legal wrangling." After hours of legal wrangling between attorneys and judges, including protests from leading legal ethicists over an alleged relationship between a judge and prosecutor...


The Collin County Rollercoaster UPDATED

Posted on June 18, 2008
It appears that tonight's on-off-on again execution of Charles Hood is finally off again. The execution warrant expires at 12 midnight, and TDCJ officials reportedly have said that the execution could not be conducted in the time left. There will...


Commentary Round-Up

Posted on June 18, 2008
At Jurist, Bryan McCann of the Austin chapter of the Campaign to End the Death Penalty writes, "Texas death penalty out of step with public attitudes in post-Baze America." As I type this, an email appeared in my inbox announcing...


DNA Testing Ordered in Darlie Routier Case

Posted on June 18, 2008
The Court of Criminal Appeals, in an opinion written by Judge Tom Price, has ordered DNA testing in a controversial Dallas County case, that of Darlie Routie. The ruling is here. AP reports, "Court grants Routie limited DNA testing." Darlie...


Local Judge Overrules High Court in Execution Case

Posted on June 18, 2008
That's the title of Rick Casey's latest Houston Chronicle column examining last night's event. LINK In its motion to Judge Henderson, Hood's lawyers argued that the DA's office had a responsibility under a Supreme Court decision known as "Brady" to...


News Coverage of Charles Hood Case

Posted on June 18, 2008
Adam Ellick reports, "Time Runs Out for Execution in Texas," in the New York Times. A day of desperate filings climaxed at midnight on Wednesday when prison officials ran out of time to carry out the execution of a Texas...


Where We Stand Right Now

Posted on June 17, 2008
Collin County prosecutors are being very aggressive in trying to carry out tonight's execution. AP has, "Inmate's execution back on schedule, via the San Antonio Express-News. Some five hours later, the Texas Court of Criminal Appeals. acting on an appeal...


Hood Execution Stayed - UPDATED

Posted on June 17, 2008
State District Judge Curt Henderson has just withdrawn Charles Hood's execution date and has recused himself from any further proceedings in the case. AP reports, "Judge withdraws death warrant for inmate." A Collin County state district judge has put off...


Nancy Rapaport on the Hood Case

Posted on June 17, 2008
The CCA's denial of a stay in the Charles Hood cased, based upon an secret, intimate relationship between the trial judge and prosecutor, has legal ethicists speaking out. Former University of Houston Law Dean Nancy Rapaport writes, "Outrageous! In what...


Agencies Start to Prepare for Middleton Execution

Posted on June 17, 2008
That's the title of an article in Missouri's St. Joseph News-Press. LINK John Middleton sits on Missouri?s death row, in full knowledge that daily he moves closer to an execution date. Mr. Middleton, 48, of Spickard, Mo., is one of...


Andrew Cohen on the Plano HoodWink

Posted on June 17, 2008
Cohen is a legal analyst for CBS New. His commentary is, "Sex and Death in Texas." Barring last-minute court intervention, the state of Texas is prepared Tuesday evening to execute Charles Dean Hood, who was convicted and sentenced to death...


In Ohio

Posted on June 17, 2008
The Xenia Gazette carries the editorial, "Death by Cocktail." Judge James Burge of the Lorain County Common Pleas Court argued carefully, thoughtfully and bravely in ordering Ohio to halt its method of lethal injection in the execution of condemned prisoners...


Capital Case Lawyer Pay Called Low

Posted on June 17, 2008
That's the title of an article in today's Baltimore Sun. LINK The lawyers representing a man accused of killing a correctional officer at the Maryland House of Correction in 2006 argued yesterday that their client should not face the death...


Indigent Defense Round-Up

Posted on June 17, 2008
The Atlanta Journal-Constitution has the editorial, "Indigent Defense: System is unfairly under attack." Those without economic or political influence, including indigents accused of crimes and those who represent them, will always be convenient targets for those seeking easy political profit...


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