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Criminal Law

StandDown Texas Project

Texas-centric examination of conditions, reform initiatives, and emerging issues related to best practices in the indigent criminal justice system with particular attention to issues involving capital punishment and the administration of the death penalty.
By StandDown Texas Project

Post Frequency: 49.3/day

Last Entry: April 01, 2011 at 14:21:29

Colorado Legislation

Posted on March 28, 2008
The Denver Post reports, "House gives initial OK to state's $17.6 billion budget," which contains the following excerpt: Rep. Paul Weissmann, D-Louisville, failed again this year in an attempt to cut funding for death-penalty prosecutions in favor of bolstering the...

Legislation in Nebraska

Posted on March 28, 2008
I'm catching up on state legislation development in the next three posts. Wednesday's Omaha World-Herald reported, "Death penalty bill rejected by Nebraska Legislature." In voting to keep the death penalty, state lawmakers Tuesday rebuffed what may have been State Sen...

The Ascent of the Administrative State and the Demise of Mercy

Posted on March 28, 2008
That's the title of an essay in the current Harvard Law Review by Rachel Barkow. LINK Here are two excerpts from the introduction: There are currently more than two million people behind bars in the United States. Over five million...

Plea Agreement in LaRoyce Smith Case

Posted on March 28, 2008
Jennifer Emily reports, " Ex-Dallas death row inmate gets life in prison in plea deal," in the Dallas Morning News. A man whose death sentence was overturned last year by the U.S. Supreme Court agreed to life in prison Thursday...

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Another Twist in Scott Panetti's Case

Posted on March 27, 2008
U.S. Federal District Judge Sam Sparks has issued a ruling declaring Scott Panetti competent to be executed. AFP reports, "Schizophrenic death row man in Texas on path to execution." It's important to note that Judge Sparks' ruling does not establish...

New Sentencing Hearing Ordered for Mumia Abu-Jamal

Posted on March 27, 2008
The U.S. Third Court of Appeals has ordered a new sentencing phase trial in a long-running, controversial Philadelphia death penalty case. The opinion is here. The AP dispatch is, "Court: Mumia Deserves New Hearing." Former Black Panther Mumia Abu-Jamal cannot...

A Sentence to Close to Death

Posted on March 27, 2008
That's the title of an OpEd in today's Los Angeles Times by Arthur Hall, who spent 20 yeats in California prison before being exonerated and freed. LINK Because I was sentenced to life without parole, exoneration was my only chance...

A Fool and His Lawyer

Posted on March 27, 2008
That's the title of an OpEd by GWU Law prof Jonathan Turley in yesterday's Los Angeles Times regarding Indiana v. Edwards. The subtitle is, "Can you be competent to stand trial but unfit to represent yourself ." It has been...

Commentary on Medellin v. Texas

Posted on March 27, 2008
Let's start with FindLaw.com columnist Edward Lazarus' must-read commentary, "A Recent Supreme Court Decision on the Vienna Convention Reaffirms that Justice Stevens, at Eighty-Eight, Remains A Force to Be Reckoned With." The issue presented in Medellin was double-barreled...

News Coverage of Indiana v. Edwards (07-208)

Posted on March 27, 2008
Yesterday, the U.S. Supreme Court heard oral argument in an Indiana case with wide ramifications for the states. The issue of the mentally ill representing themselves at trial was a central issue in the case of Scott Panetti in Texas....

Texas Coverage of Medellin v. Texas

Posted on March 26, 2008
Diane Jennings writes, "He had no right to order state review, justices say," in the Dallas Morning News. Texas solicitor general Ted Cruz, who argued the case before the Supreme Court, said in a written statement that the high court's...

National Press Coverage of Medellin v. Texas

Posted on March 26, 2008
The opinion, in Adobe .pdf format, is here. The Oyez page for the Medellin v. Texas is here. Linda Greenhouse in the New York Times reports, "Justices Block New Hearing for Mexican." The Supreme Court ruled Tuesday that the Texas...

Another Look at Nebraska

Posted on March 25, 2008
News Net Nebraska reports, "Legislature Begins Death Penalty Debate Tuesday." The ongoing dance between those for and against the death penalty will take another turn this week. On Tuesday the Legislature will begin debate on a bill introduced by long-time...

More News of the West Texas Capital Public Defender

Posted on March 25, 2008
The Midland Reporter-Telegram has, "Defender offers help in case of officers' deaths," written by Bob Campbell. The red hot question of who defends capital murder defendant Larry Neil White will be taken up again April 14 by Ector County commissioners,...

Initial News Coverage of Medellin

Posted on March 25, 2008
The opinion, in Adobe .pdf format, is here. AP writer Mark Sherman files, "Court Backs Texas in Dispute With Bush." President Bush overstepped his authority when he ordered a Texas court to reopen the case of a Mexican on death...

Consensus on Counting the Innocent: We Can't

Posted on March 25, 2008
That's the title of Adam Liptak's latest Sidebar column in today's New York Times; a must-read. LINK Here are two extended excerpts: A couple of years ago, Justice Antonin Scalia, concurring in a Supreme Court death penalty decision, took stock...

States Prevail in Medellin v. Texas

Posted on March 25, 2008
Lyle Denniston reports, "States win over President on criminal law issue," in Medellin v. Texas. Here is Lyle's initial report: The Supreme Court, in a sweeping rejection of claims of power in the presidency, ruled 6-3 on Tuesday that the...

Maryland General Assembly Creates Death Penalty Study Commission

Posted on March 25, 2008
The Baltimore Sun carries an AP article and later, a staff-written report. Let's begin with the AP dispatch, here. The House of Delegates voted today to create a commission to study capital punishment in Maryland, after efforts to repeal the...

D.A. Says Jury Pool Falls Short of Latinos

Posted on March 24, 2008
That's the headline in today's San Diego Union-Tribune. LINK The District Attorney's Office is urging San Diego court officials to fix a flaw in how jurors are summoned to the downtown courts that apparently causes fewer Latinos to be called...

Timely Decision

Posted on March 24, 2008
That's the title of a Saturday Houston Chronicle editorial regarding the Supreme Court ruling in Snyder v. Louisiana. LINK A7-2 decision by a coalition of conservative and liberal justices on the U.S. Supreme Court overturned the murder conviction and death...

In Maryland

Posted on March 24, 2008
Sunday's Baltimore Sun had the editorial, "Life Without Parole - Our view: It's an inappropriate sentence for juveniles." At 35, Marcus Tunstall has spent more than half his life in prison. It's unlikely he'll ever get out unless a governor...

A Call for Legislation in Alabama

Posted on March 24, 2008
Today's Birmingham News carries the editorial, "Alabama is one of only a handful of states without a law to help wrongly convicted people get access to DNA testing. Our Legislature should change that." People convicted of crimes before DNA science...

Tab for Death Penalty Cases Nears $ 1 Million

Posted on March 24, 2008
That's the title of an article in New Hampshire's Manchester Union-Leader, reported by Tom Fahey. LINK The state will come close to spending $1 million on the two death-penalty cases it is prosecuting. A request for $482,000 that comes before...

Nebraska Legislation

Posted on March 24, 2008
Nebraska legislators are set to debate capital punishment tomorrow. The Omaha World-Herald reports, "No urgency this time on executions." The Nebraska Supreme Court last month decided to pull the plug on the electric chair. This week, the Legislature will consider...

If You Do the Crime, You Do the Time

Posted on March 21, 2008
That's the title of an OpEd in the Summit (CO) Daily News by retired police officer Gary Lindstrom. Last week I read a headline that said, ?Senate committee approves death penalty for sex assaults on kids.? The senate committee said...

Helping the Exonerated

Posted on March 21, 2008
National Law Journal columnist Vivian Berger writes, "Exonerated Prisoners: Improve remedial laws." The wrongful Convictions Tax Relief Act of 2007, S. 2421, recently introduced by senators Charles E. Schumer, D-N.Y., and Sam Brownback, R-Kan., would furnish certain tax benefits to...

Equal Justice

Posted on March 21, 2008
That's the title of an editorial in today's Los Angeles Times on the Supreme Court ruling in Snyder v. Louisiana. LINK Welcome as this ruling is, it won't prevent prosecutors in innumerable other cases from concealing racial bias in jury...

Missouri Governor Files Amicus in Kennedy v. Louisiana

Posted on March 21, 2008
The Kansas City Star's Prime Buzz blog reports, "Blunt files SCOTUS brief favoring death penalty for child rapists." Missouri Gov. Matt Blunt today filed a brief with the U.S. Supreme Court supporting the death penalty for child rapists. The amici...

Legislation in Georgia

Posted on March 21, 2008
Georgia legislators adjourned on Thursday, leaving only five days remaining in the the state legislative session. They will take a week off and convene next Thursday, March 27. The Georgia General Assembly website is here. The Fulton County Daily Report...

More on Miller-El

Posted on March 21, 2008
Today's Dallas Morning News features an editorial, "Miller-El case finally ends, writing important chapter." Here's an excerpt: The Miller-El case ?what an insult to the family of slain Irving hotel clerk Douglas Walker that the tortured search for justice in...

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