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: Capital Defense Weekly

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By Karl R. Keys, Esq.

The email edition is now available: Several favorable opinions are noted this edition, at least two of which are notable. The easiest way of explaining the Third Circuit’s opinion William Holland v. Horn is that relief was granted on the basis of counsel?s failure to ask for expert assistance (Ake v. Oklahoma) in the penalty phase but not the guilt phase. If you are looking for such a discussion and are not a federal habeas litigator (esp. one in the Third Circuit) skip to the bottom of page 18 of the opinion in light of a fairly complex, factually driven discussion of the federal habeas rules governing procedural default. I would also recommend reading the opinion in the PDF format or wait until you can read it in advance sheet / West reporter as there is a footnote in Judge Greenberg?s opinion that stretches over four (4) pages in the PDF format and completely lost me in the Lexis version...continue to full post

Full post as published by Capital Defense Weekly on March 16, 2008 (boomark / email).