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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.
US Military sets an execution date
Posted on November 20, 2008The United States Army has scheduled the execution of Pvt. Ronald Gray at Terre Haute for December 12, 2008. Odds appear to favor a stay as federal habeas litigation, from my understanding, has yet to be exhausted. From the Army’s press release: The Army has scheduled the execution of Pvt...
Texas kills
Posted on November 20, 2008Texas tonight killed Robert Hudson. Mr. Hudson death brings the scheduled executions in Texas to a close at 18 with a total of 423 executions since 1982. Six executions are scheduled in January. From media sources Hudson repeatedly expressed love to his wife and a friend who watched through a window and ignored four [...
Still working through yesterday’s
Posted on November 20, 2008Still working through yesterday’s Tex CCA orders and a very troubling order in Hood. My apologies.
NC Lethal injection update
Posted on November 19, 2008“Should doctors monitor execution? High court wants clarification on law,” is the title of Dan Kane’s report in the News & Observer. The N.C. Supreme Court dove into the two-year stalemate on executions Tuesday by asking attorneys to define what legislators meant by requiring a doctor to be present when convicted murderers are put to death...
new scholarship
Posted on November 19, 2008As often happens, someone beat me to this new SSRN article. Pofessor Susan Bandes has this new piece up at SSRN, titled “Repellent Crimes and Rational Deliberation: Emotion and the Death Penalty.” It is in my to read box for court in teh morning: It is often assumed that the anger, outrage and other strong emotions [...
Ohio kills
Posted on November 19, 2008This morning Ohio kiled Gregory Bryant-Bey. For Thursday Texas scheduled the death of Robert Hudson. On Friday Kentucky plans to kill Marco Chapman. From the wires: Gregory Bryant-Bey, 53, died at 10:41 a.m. at the Southern Ohio Correctional Facility in Lucasville...
Dick Cheney indicted (not an April Fools Joke)
Posted on November 18, 2008A Texas grand jury has indicted the Vice President for malfeasance. Via the Houston Chronicle: A South Texas grand jury has indicted Vice President Dick Cheney and former Attorney General Alberto Gonzales on state charges related to the alleged abuse of prisoners in Willacy County’s federal detention centers...
Texas Stay for Eric Cathey
Posted on November 18, 2008The execution of Eric Cathey was stayed by the Texas Court of Criminal Appeals. The Chronicle notes: The court remanded Cathey’s appeal to a lower court for a hearing on his claim that he is mentally retarded. Cathey, 37, would have been the 18th killer executed in Texas this year...
William Dillon to be released after 27 years for crime he didn’t commit
Posted on November 18, 2008William Dillon will be released today following 27 years for a murder DNA says he didn’t commit in Breward County, Florida. Shortly after Mr Dillon’s release, in an unrelated case marred by prosecutorial misconduct, the state of Florida will execute Wayne Tompkins...
Lowest in 14 years
Posted on November 18, 2008Pending execution data on the right side of the screen has been updated. In addition to the 33 people already executed this year another 5 execution dates are considered serious. As a result of the updated execution dates and the number of people executed so far this year, barring surprises, there will be no more [...
Rogelio Cannady stayed in Texas
Posted on November 18, 2008TMN notes: AP is reporting that Texas death row inmate Rogelio Cannady will avoid execution Wednesday over a 1993 prison killing. Cannady’s execution date was withdrawn today by Judge Ronald Yeager. Cannady’s recently appointed appeals lawyer asked for more time to review the case...
NYT gets it right: Pardon the Norfolk Four
Posted on November 17, 2008The New York Times today got it right today in asking Gov. Tim Kaine of Virginia to pardon the Norfolk Four. [H/T TalkLeft]
Boston Legal
Posted on November 17, 2008Another great rant in closing against the death penalty. YouTube link to follow when its avaialable. Great show.
safe surrender
Posted on November 16, 2008An interesting story out of Philadelphia and its sister city across the river, Camden, NJ, on getting felons on the loose out of the shadows to resolve their outstanding warrants. New Jersey fugitives can take advantage of Fugitive Safe Surrender next week, as Camden becomes the 12th city nationwide to host the peaceful surrender program since [...
email edition
Posted on November 16, 2008This week’s email edition it out. From the intro: Leading off this edition is Thursday’s decision from the Florida Supreme Court in State v. Faunce Levon Pearce. The trial court in Pearce granted both guilt phase and penalty phase relief based on trial counsel’s performance...
Recommendation made to abolish the death penalty in Maryland
Posted on November 12, 2008The Maryland Commission on Capital Punishment voted 13-7 to make the recommendation in its report to lawmakers and the governor next month. The vote came after the failure of a proposed amendment to keep the death penalty for people who kill correctional officers or police officers...
notable post from elsewhere
Posted on November 12, 2008Doug Berman has this notable piece on AEDPA & capital habeas jurisprudence. From that piece Two events this morning have me thinking about federal habeas review in state capital cases and about the (limited?) potential for a new administration to impact these issue: 1...
Texas kills
Posted on November 12, 2008Texas tonight killed a repentant George Whitaker III: A Houston-area man condemned for fatally shooting his ex-girlfriend’s sister during an attack that also seriously wounded the former girlfriend’s mother and another sister was executed Wednesday...
Rebalancing in the federal courts of appeal
Posted on November 10, 2008The National Law Journal has this must read article (via Steve Hall) on the power of the new adminstration to shape the lower federal judiciary. Long story short, four of the six most active courts handling capital cases will move from majority Republican appointee to majority Democratic appointee...
notable cert denial
Posted on November 10, 2008The Supreme Court this morning denied cert in Kelly v. California with three justices dissenting and two releasing opinions (Justices Stevens and Breyer). The issue is whether the video used in support of victim impact went too far. The SCOTUSblog notes: In the new ?victim impact? cases, Justice John Paul Stevens noted that the Court has [...
email edition
Posted on November 10, 2008This week’s email edition is available here. From the introduction: This edition marks a slight change in format that will hopefully bring to readers’ attention “new” cases more quickly than has been happening. Please note that at the end of this edition is an analysis of the new Administration’s likely criminal justice actions...
what’s new? weekly’s running a little late
Posted on November 09, 2008The weekly email edition’s skeletal form (everything save the intro) is available here, including a final version of what to expect on criminal justice issues from the new Administration. I’m hoping to have final email edition out by close of buisiness Monday rather than pulling an all nighter.
a vote for life
Posted on November 09, 2008A federal judge in the Eastern District of New York on Friday sentenced sentenced Humberto Pepin Taveras to life in prison following a jury deadlock as to punishment.From the Daily News: One of the jurors in the case of Humberto Pepin Taveras said as many as five of the 12 panel members favored a life [...
DNA testing ordered in Tennessee
Posted on November 09, 2008A Tennessee trial court has ordered DNA testing for William Glenn Rogers. More information is here & we’ll update once we hear more.
The meaning of counsel
Posted on November 08, 2008Indigent defense is in crisis. As budgets dwindle for defending “them” from what many view as “justice” fewer and fewer skilled defenders, are facing a mounting case load. In the capital arena the Utah Supreme Court in Archuleta v...
Nichols guilty all counts
Posted on November 07, 2008The Atlanta Journal-Constitution reports that Nichols has been found guilty. I’ll have comment after the penalty phase verdict.
new legal research tools
Posted on November 07, 2008via Stand Down: That’s the title of Robert Ambrogi’s must read article at Law.com’s Legal Technology Review. LINK Here are some snippets: LexisNexis has launched a beta version of its Web search tool, called Lexis Web. Unlike general search sites such as Google, Lexis Web searches a more limited sphere of legal-oriented Web sites...
a dissent in Texas on future dangerousness
Posted on November 06, 2008Texas has fairly unique sentencing scheme with future dangerousness being one of the most controversial aspects of the its death penalty scheme. On several occasions factually innocent men have been found by experts and juries, beyond a reasonable doubt, to pose a future danger...
Texas kills
Posted on November 06, 2008The State of Texas tonight killed Elkie Lee Taylor despite strong evidence of his mental retardation. From media accounts: “You ain’t got to worry about nothing,” Elkie Lee Taylor told an aunt and a couple of friends from the death chamber gurney...
New Hampshire: Life over death
Posted on November 06, 2008Good news from a case we’ve been watching, this time out of northern New England Convicted murderer John ‘Jay’ Brooks has been sentenced to life in prison on two counts of capital murder, sparing him the death penalty. A Rockingham County Superior Court jury found enough aggravating factors to sentence convicted murderer John ‘Jay’ Brooks [...
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Self Defense
It's legal to defend yourself and your family
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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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