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: Capital Defense Weekly

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By Karl R. Keys, Esq.

The weekly email edition is now available: Leading off this edition are four new, or previously unreported,  penalty phase “defense wins” from unlikely sources.  Florida leads the way. In what some may call a blistering assault on the trial prosecutor, the Florida Supreme Court in Paul Beasley Johnson v. State,  grants relief.  “First, after Johnson was arrested and counsel was appointed, the State intentionally created a situation likely to induce Johnson to make incriminating statements to a jailhouse informant,.” Then, “although the prosecutor at Johnson?s first trial knew that Johnson?s statements were impermissibly elicited and that Smith?s testimony was inadmissible, he knowingly used false testimony and misleading argument to convince the court to admit the testimony...continue to full post

Full post as published by Capital Defense Weekly on January 19, 2010 (boomark / email).