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Capital Defense Weekly 
Covering Capital Defense
Post Frequency: 17.8/day Last Entry: March 28, 2011 at 23:29:51 Recent Entries: 1052
By Karl R. Keys, Esq.
Go to Capital Defense Weekly, find other Criminal Law blogs, or browse all law blogs.
ICJ on post-Avena execution of Mexican nationals
Posted on January 20, 2009The International Court of Justice has condemned the execution of Mr. José Ernesto Medellín Rojas. AP notes: The International Court of Justice ruled Monday that the United States defied its order last year when authorities in Texas executed a Mexican convicted of rape and murder...
system burp
Posted on January 20, 2009There appears to be a glitch in our database that knocked out most of January posts. My apologies. We should have most of the posts back later tonight. Long story short, rather than backuping up the site I installed a backup.
Opt-in regs dead for now
Posted on January 20, 2009The first press release issued by the new administration indicated federal agencies were directed to halt all pending regulations “until a legal and policy review can be conducted by the Obama administration.” The win on the opt-in regs will be the top “win” of 2009 unless Maryland abolishes the death penalty as it appears [...
wire: clemency & commutation list now available
Posted on January 19, 2009The final clemency and commutation list appears to have been published.
So much for opt-in?
Posted on January 18, 2009The Bush Administrations proposed regulations governing opt-in have been enjoined, at least for now: For the reasons stated in open court, Defendants are temporarily restrained and enjoined from making effective the rule entitled ?Certification Process for State Capital Counsel Systems,? published at 73 Fed...
Thanks
Posted on January 18, 2009Thanks to e-justice for naming us just one of the top 50 human rights blog globally.
weekly email edition
Posted on January 18, 2009The weekly email edition will go out MLK day. Sorry for any confusion caused by the delay.
New CLE data
Posted on January 18, 2009My apologies for the delay in posting new CLE information. For the first few months of 2009: Training for the Long Run January 22-25, 2009 // Harrisburg, PA PACDL & NCADP hosts a ?nuts & bolts? of capital trials with special emphasis on tactics for winning life sentences at trial (what works & what doesn?t)...
Germane cert grant
Posted on January 17, 2009The SCOTUS on Friday granted cert in Bobby v. Bies , a capital case. Specifically (via SCOTUSBlog): Whether a state is constitutionally barred from challenging the claim of mental retardation of an individual it seeks to execute for crime, if a state court had once found the person to be retarded even while upholding a death [...
Recovering deleted posts
Posted on January 16, 2009As noted in a post above, an accident caused many of the posts from earlier this month to be deleted. Not all of the posts have been recovered, however, here are some of those posts: So much for opt-in? [updated]The Bush Administrations proposed regulations governing opt-in have been enjoined, at least for now...
Alabama kills
Posted on January 15, 2009from the wires: Callahan was the first of five inmates set for execution in the first five months of this year. Alabama had no executions in 2008. James Harvey Callahan has been executed for the 1982 kidnapping, rape and murder of an Alabama woman. The 62-year-old Callahan died at 6:24 p...
Two to read
Posted on January 13, 2009I’m hoping to catch up on the news Weds. nite, for now, however, two cases of note. The SCOTUS in Jiminez v. Quarterman, Justice Thomas writing for the Court, holds that where a state court grants a criminal defendant the right to filean out-of-time direct appeal during state collateral review, but beforethe defendant has first sought [...
Trainings
Posted on January 11, 2009My apologies for the delay in posting new CLE information (esp. considering the first event listed is winding down as I type). Fifth National Seminar on Forensic Evidence and The Criminal Law January 8-11, 2009 // Philadelphia, PA Program will bring together the nation’s foremost scientific and legal experts to focus on those developments in fields such [...
Say hello to..
Posted on January 11, 2009Say hello to: Capital Habeas Blog - NDOH This blog is prepared and maintained by the Capital Habeas Unit of the Federal Public Defender for the Northern District of Ohio. It is to be used as a resource for attorneys litigating habeas cases. Posts are the opinions of the authors, not necessarily of the Federal [...
whereabouts
Posted on January 11, 2009I start picking a jury on my second trial of the year on Monday. On the 26th I start picking on my third, a felony-murder trial. Long stroy short, the next few weeks expect light postings. The weekly case law round-up won’t run this week but should run next week.
SCOTUS does crimlaw
Posted on January 11, 2009SCOTUSBlog notes its criminal law week at the Court. Cases of interest include: Harbison v. Bell (07-8521), involving the right of prisoners to have federally funded counsel during state clemency proceedings. Montejo v. Louisiana (07-1529), involving interrogation and the appointment of counsel for indigent defendants...
jurors, the Bible & death
Posted on January 07, 2009Doug Berman beat me to the punch on a hot new cert petition many will be watching: I have previously noted in prior posts how lower courts have split over the consequences of juror consideration of biblical passages during the penalty phase of a capital trial...
$6.5 million for being wrongfully sent to death row
Posted on January 06, 2009from Chicago media: Lawyers for Madison Hobley say the former Illinois death row inmate is moving ahead to collect $6.5 million in a legal settlement with the city of Chicago.Hobley served 13 years in prison for a 1987 arson fire that killed seven people, including his wife and infant son...
California’s death chamber will remain closed for now
Posted on January 06, 2009The Governator decided not to appeal the decsion to shutter — at least for now — California’s death chamber. California officials have abandoned a legal fight over their bid to secretly overhaul the state’s execution method, a move that sends the issue back to square one and leaves San Quentin’s newly-constructed execution chamber idled for the [...
“ferociously committed” ” model of indefatigable advocacy”
Posted on January 06, 2009One of my role models, Bette Niemi, — described in the press as “ferociously committed” ” model of indefatigable advocacy” — has retired. This press piece tells you a little bit about why she was so widely amdired: She was hardly a great orator...
Cases to watch?
Posted on January 05, 2009What cases should we be watching this year, suggestions? Comments are open, feel free to post anonymously.
weekly email edition
Posted on January 05, 2009From this week’s email edition: Willie H. Nowell v. State from the Florida Supreme Court leads off this edition. The Nowell Court grants a new trial as the trial court erred in allowing the State?s peremptory strike against a member of a minority group; the prosecutor’s claim that he struck a juror out of a general [...
execution data
Posted on January 05, 2009Execution data for the rest of the winter is listed to the right.
Broken system: Georgia indigent defense
Posted on January 02, 2009NYT has this on a suit filed by lawyers from the Southern Center for Human Rights on behalf of a man who has been without counsel for eight months pretrial. [h/t Howard]
Illinois Senate designee “Sought Death Penalty for Innocent Man”
Posted on January 01, 2009The headline says it all: Former Illinois attorney general Roland Burris, embattled Gov. Rod Blagojevich?s pick to replace Barack Obama in the Senate, is no stranger to controversy. Public fury over the governor?s alleged misconduct has masked the once lively debate over Burris’ decision to continue to prosecute ? despite the objections of one of his top [...
Murder rate in NJ following abolition
Posted on December 31, 2008The Star Ledger provides the preliminary numbers of murders for the first calendar year following abolition in New Jersey. While the the numbers in all towns and counties aren’t available, the murder rate appears to have dropped, approximately 5-10%...
this week’s edition
Posted on December 29, 2008Seasons greetings, Merry (belated) Christmas & Happy New Year. From this week’s edition. Leading off this week is John Thompson v. Harry F. Connick, et al, a civil case. Prosecutos in Thompson knowingly failed to turn over key exculpatory information...
For anyone who has ever quit a job because their morals required it….
Posted on December 24, 2008Doctors may not ethically participate in executions. In Washington, the top medical officer at DoC resigned rather than participate in supervising those who will implement the execution warrant. From the Olympian The state Department of Corrections’ top medical officer has resigned, saying that the use of agency staff members to prepare for an execution is unethical...
JEHT to close its door a victim of the Madoff
Posted on December 21, 2008I’ve been perhaps slow posting the earthquake of a story that JEHT will be closing its doors. Scott @ Grit notes: News came on Monday that the JEHT Foundation, a philanthropic charity out of New York that has funded a great deal of criminal justice reform work in Texas and around the country, will cease giving [...
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Self Defense
It's legal to defend yourself and your family
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what are the proper and legal steps to dissolve a partnership in an ongoing farm business?
I would say that the final tax forms are dispersed for that year with the indica...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
Attorney welt, weinberg & reis co....from pittsburgh are collecting a credit card debt from capital one can they force me to send them a list of my assets for sheriffs sale
No! Only a Judge can make you do that and that is only after you have your day i...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
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My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
what are the proper and legal steps to dissolve a partnership in an ongoing farm business?
I would say that the final tax forms are dispersed for that year with the indica...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
Attorney welt, weinberg & reis co....from pittsburgh are collecting a credit card debt from capital one can they force me to send them a list of my assets for sheriffs sale
No! Only a Judge can make you do that and that is only after you have your day i...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
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