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: Capital Defense Weekly

Losses in the heart of old Dixie

By Karl R. Keys, Esq.

The federal appellate courts of the old Confederacy handed down three losses on Tuesday. In quick summary review, Trawick v. Allen, No. 07-11611, (11th Cir 3/18/2008), sees a loss on allegations the prosecution used its peremptories to remove women from the jury in a discriminatory manner. The Fourth Circuit in Cagle v. Branker, No. 07-6 (4th Cir 3/18/2008), denies relief on claims relating to newly discovered penalty phase evidence, IAC, & lack of a meaningful jury instruction on intoxication. Finally, in Yarbrough v. Johnson, No. 07-10 (4th Cir 3/18/2008), relief is denied on IAC claims relating to the failure to seek funds for a DNA expert, as well as a failure to investigate and present mitigating evidence.

Full post as published by Capital Defense Weekly on March 18, 2008 (boomark / email).