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: Capital Defense Weekly

this week’s edition

By Karl R. Keys, Esq.

From this week’s edition: Leading off this week’s edition is the SCOTUS’s surprising per curiam GVR in Lawrence Joseph Jefferson v. Upton. The Eleventh Circuit, in this pre-AEDPA case,  faced classic penalty phase ineffectiveness as trial counsel missed low hanging mitigation evidence., however, in light of fact-finding by the state courts it denied relief.  The state trial court order denying relief relied upon by the Eleventh Circuit, however, was drafted ex parte solely by the prosecution and adopted verbatim by the state courts Counsel for Mr. Jefferson during federal habeas review argued such process meant no deference was owed to the state court fact-finding under 28 U.S.C. 2254(d)(1-8).   The Eleventh Circuit failed to address the process question raised by Jefferson, and instead held it that under 28 U...continue to full post

Full post as published by Capital Defense Weekly on May 25, 2010 (boomark / email).