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: Capital Defense Weekly

looking ahead

By Karl R. Keys, Esq.

This week’s sneak peek of the weekly edition is after the jump. I should note two very notable prosecutorial wins: United States v. Caro (a Fourth Circuit FDPA case with a split panel) and In re Rhoades (Idaho Supreme Court holding six death row inmates lose on claims relating to Ring. MoreIn favor of the Condemned Timothy Terell McKinney v. State, 2010 Tenn. Crim. App. LEXIS 219 (Tenn Crim App 3/9/2010). In addressing the propriety of penalty phase relief the Court holds that failure to present residual doubt evidence (at least on these facts) amounts to ineffective assistance of counsel. Law geeks can argue whether this is merely obiter dicta or something much large as the Court also granted guilt phase relief on counsel?s likewise dismal performance in that phase of the trial...continue to full post

Full post as published by Capital Defense Weekly on March 22, 2010 (boomark / email).