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This week’s edition

By Karl R. Keys, Esq.

From the introduction to this week’s email edition: The Tenth Circuit’s opinion in Michael Lee Wilson v. Workman, en banc, leads off this week.  The Wilson Court examines whether or not an “adjudication on the merits” was had in State court for purposes of the AEDPA.  Specifically, “[w]hen the OCCA, pursuant to Rule 3.11, refuses to grant an evidentiary hearing to consider material, non-record evidence of ineffective assistance of counsel that the defendant has diligently sought to develop, and then rules on the ineffectiveness claim without consideration of this evidence, the OCCA?s denial of the claim is not an adjudication on the merits to which the federal courts owe AEDPA deference.” In other case law news, the Eighth Circuit, in Jimmy Don Wooten v...continue to full post

Full post as published by Capital Defense Weekly on September 01, 2009 (boomark / email).