Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

Prevatte: Prior Georgia Conviction Valid

By Tim Cone

In Prevatte v. French, No. 07-14536 (Oct. 28, 2008), the Court affirmed the denial of habeas relief to a North Carolina inmate, rejecting his challenges to the validity of prior Georgia convictions that were used as aggravating factors in a North Carolina death penalty sentencing. The Court rejected the argument that defense counsel had a conflict of interest at trial, crediting the state court fact-finding that no conflict existed. The Court also rejected the argument that the prosecution improperly relied on the defendant?s post-arrest silence, finding the evidence of guilt overwhelming.

Full post as published by Defense Newsletter Blog on October 29, 2008 (boomark / email).