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: Capital Defense Weekly

weekly edition rough

By Karl R. Keys, Esq.

The weekly edition’s rough draft is here.  There were three notable cases out of Oklahoma that arrived very late that I’m still working through.  My apologies. The two of the notable cases are: Yancy Lyndell Douglas v. Workman / Paris LaPriest Powell v. Workman, Nos. 01-6091 & 01-6094 / Nos. 06-6093 & 06-6102 (10th Cir  3/26/2009) Relief granted to co-defendants in this capital murder based on the state’s suppression of a tacit deal with its key witness. “Brady requires disclosure of tacit agreements between the prosecutor and a witness. A deal is a deal ? explicit or tacit. There is no logic that supports distinguishing between the two.” “It cannot have been Congress?s intent in enacting AEDPA to encourage the government to make and conceal agreements with its key witnesses until it is too late, preventing the habeas petitioner from asserting the existence of such secret agreements in his initial habeas petition and thereby insulating egregious government behavior from any habeas review...continue to full post

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