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Criminal Law

: Defense Newsletter Blog

Randolph: Juror Death Views Justified Dismissal

By Tim Cone

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In Randolph v. McNeil, No. 08-12854 (Dec. 23, 2009), the Court affirmed the denial of habeas relief to a Florida death row inmate, seeing no reversible error in the District Court?s 160-page order. The Court rejected Randolph?s ineffective of assistance of counsel claim, agreeing that there was no reasonable probability that, but for his lawyer?s lack of investigation into his history would have changed the outcome. The Court also rejected the argument that a juror who answered questions inconsistently about her views on the death penalty was improperly struck from the jury, finding no clear and convincing evidence to reverse the State court finding that the juror was not credible when she said she could impose the death penalty.

Full post as published by Defense Newsletter Blog on December 23, 2009 (boomark / email).

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