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: Capital Defense Weekly

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By Karl R. Keys, Esq.

Decisions from the next edition (due out some time Monday) Stuff defense counsel should like Ernest Eugene Phillips v Workman, 2010 U.S. App. LEXIS 9679 (10th Cir 5/12/2010) “In a capital habeas matter, the denial of the petition is reversed where 1) Second-degree murder was a lesser-included offense at the time of petitioner’s trial and at the time the Oklahoma Court of Criminal Appeals denied petitioner?s petition for rehearing, and thus petitioner was entitled to an instruction on that charge; and 2) a jury could rationally conclude that the victim’s death was perpetrated by an act imminently dangerous to the victim and evincing a depraved mind, but without a premeditated design to effect death.” More to follow in th email edition [via Findlaw] Kirk Douglas Williams v...continue to full post

Full post as published by Capital Defense Weekly on May 24, 2010 (boomark / email).