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: Capital Defense Weekly

working on it

By Karl R. Keys, Esq.

The cases from this week’s edition are after the jump.  An unexpected trial call in the morning so the list is a little rougher than usual. Week of April 5,  2010: In Favor of the Accused or Condemned (initial list) Goff v. Bagley, 2010 U.S. App. LEXIS 7213 (6th Cir. 4/6/2010) “District court’s denial of defendant’s petition for a writ of habeas corpus from his capital murder conviction is reversed and a conditional writ of habeas corpus granted where: 1) defendant’s appellate counsel was ineffective for failing to raise on direct appeal the issue of his right to allocution before sentencing, and the opposite conclusion reached by the Ohio Supreme Court constitutes an unreasonable application of federal law; and 2) defendant’s remaining claims are rejected as meritless, and noteably, the jury instructions and verdict forms that defendant’s trial court utilized are conceptually indistinguishable from those at issue in Spisak III, and as such, the jury instructions properly focused only on the overall balancing question, and the instructions repeatedly told the jury to consider all of the relevant evidence...continue to full post

Full post as published by Capital Defense Weekly on April 11, 2010 (boomark / email).