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Criminal Law

: Grits for Breakfast

CCA calls David Dow on carpet for tardy capital habeas submissions

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Tomorrow attorney David Dow and the Texas Defender Service, a noprofit which handles post-conviction appeals in death penalty litigation, will be called to account at the Texas Court of Criminal Appeals for filing a habeas brief for a death-row defendant past the 48-hour-before-execution deadline. The new rule was established in the wake of Sharon Keller's "We close at 5" debacle. Judge Keller has expressed her view that the Texas Defender Service has a personal vendetta against her and at times appeared openly hostile toward TDS in general and David Dow in particular. Thankfully Keller has said she would not participate in the hearing but the fact is her views are largely shared by other hard-liners on the court.One imagines this may be quite a tense hearing, potentially...continue to full post

Full post as published by Grits for Breakfast on December 01, 2009 (boomark / email).

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