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Multitudinous Brady/Giglio/Napue Violations Basis for Habeas Relief for Two Capital Defendants

By Shari Allison

Douglas v. Workman, No. 01-6094 and Powell v. Workman, No. 06-6093, 3/26/09 - Great (conditional) habeas win in these companion Oklahoma death penalty cases. Smith and a young lady were walking along late one night after a party, at which Smith had drunk a lot and smoked pot. A car drove past them, turned around, and its occupants opened fire, killing the girl and wounding Smith. Smith gave several conflicting descriptions of the shooters and their car. He settled on Douglas and Powell as the killers. They were convicted after separate trials held almost two years apart and each was sentenced to death. Smith, as the only eyewitness, was the ?linchpin? of the state?s case in each trial. In both trials, Miller, the prosecutor, extensively vouched for Smith?s credibility and emphasized that Smith was getting nothing in exchange for his truthful testimony...continue to full post

Full post as published by Tenth Circuit Blog on March 27, 2009 (boomark / email).