Capital Defense Weekly
Discussions and rulings on cases of interest to criminal defense lawyers who handle death penalty cases.
Author: Karl R. Keys is criminal defense attorney in New Jersey. He also contributes to Abolish the Death Penalty.
Blawg Related Categories: Criminal Justice • Death Penalty • Blawg 100
Recent Posts from Capital Defense Weekly
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The week in losses
Losses galore this week In Brian Thomas v. Horn the Third Circuit reverses the grant of penalty phase and remands for an evidentiary hearing on trial counsel’s pretrial workup for the penalty phase. In Richard…
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DNA testing sought in Ohio
The Ohio Innocence Project is seeking to have the Ohio Supreme Court consider a DNA challenge asserting that Kevin Keith did not kill three people, including a 7-year-old girl, in 1994 that laded him on…
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Oklahoma clemency denied
The Oklahoma Pardon and Parole Board voted unanimously Monday to deny clemency to Michael DeLozier for killing two campers in southern Oklahoma nearly 14 years ago. More here.
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notable SCOTUS inaction
The US Supreme Court has adjourned for the summer. The Court will take NO action in In Re Troy Anthony Davis, Mr. Davis’ petition for habeas corpus, until the Supreme Court reconvenes in September. Additionally,…
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weekly email edition
The weekly email edition is now available. From the intro: Leading off this week is the Supreme Court’s latest exploration of the Confrontation Clause, Melendez-Diaz v. Massachusetts. Justice Scalia’S 5-4 opinion holds there is no…
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email edition
from this week’s edition: Leading off this edition is the Supreme Court’s decision in District Attorney’s Office for Third Judicial Dist. v. Osborne. The Court 5-4, the Court holds that Alaska has an adequate process…
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Odd problem
Lexis and Westlaw are both NOT returning cases that press accounts show have been decided. The weekly email edition will run sometime later in the day Monday. My apologies for any inconvenience.
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2nd Cir denies rehearing en banc in Fell v. United States
via How Appealing: Second Circuit denies rehearing en banc of ruling that affirmed a federal death sentence imposed by a jury in Vermont, a State that lacks a death penalty: Today’s order denying rehearing en…
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interesting little second petition discussion
The Fifth Circuit in Humberto Leal Garcia v Quarterman offers up an odd little decision on second habeas petitions vs. successive habeas petitions. Leal is a foreign national on death row in Texas. Post-Avena but…