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: Capital Defense Weekly

Running late

By Karl R. Keys, Esq.

Running late this week on the weekly, too much reading.  Three fascinating cases are the prime reason: Michael Lee Wilson v. Workman & Donald Wackerly v. Workman, Nos. No. 06-5179,  07-7034 & 07-7056 (10th Cir 8/28/2009) (en banc) (dissent) The Circuit en banc holds in relation to whether or not an “adjudication on the merits”  that the Wislon panel was correct in applying de novo review  and incorrect in Workman in not examining the issues de novo. The opinion is a highly technical analysis of Oklahoma’s rules of procedure and the nature of the deference due certain claims. Specifically, “[w]hen the OCCA, pursuant to Rule 3.11, refuses to grant an evidentiary hearing to consider material, non-record evidence of ineffective assistance of counsel that the defendant has diligently sought to develop, and then rules on the ineffectiveness claim without consideration of this evidence, the OCCA?s denial of the claim is not an adjudication on the merits to which the federal courts owe AEDPA deference...continue to full post

Full post as published by Capital Defense Weekly on August 30, 2009 (boomark / email).