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Capital
Defense Weekly
available at http://capitaldefenseweekly.com/archives/080707.htm
This week's edition brings a
little bit for every need. For the
federal habeas litigator there is the Fifth Circuit's Michael
Wayne Hall v. Quarterman, which deals the 28 U.S.C. § 2254(d),
factual development in postconviction and Atkins. The
Georgia Supreme Court looks at measuring sticks, the American Bar
Association Guidelines for the Appointment and Performance of Counsel
in Death Penalty Cases and the Southern Center for Human Rights Defense
Manual, holding that Mark
Hall's trial counsel failed to adequately investigate and present
mitigation evidence Looking at
state sentencing schemes, the Nevada Supreme Court in
Eugene Hollis Nunner v. Eight Judicial Dist. holds that conspiracy
to
commit robbery is
not an aggravating circumstance under that state's capital sentencing
scheme. Finally, marking the overlay of capital and noncapital law, an
intermediate Ohio appellate court, in State
v. Terrance Tate affirms the suppression of a statement in
this capital murder prosecution as the Accused was a suspect and was
not free
to leave, the police screamed at him, and they tried to overpower,
trick, or coerce defendant into talking.
DPIC
notes that the he latest version of Death Row USA
(Winter 2008 - reflecting
death
row numbers as of January 1, 2008) has been released by the Capital
Punishment Project of the NAACP
Legal Defense and Educational Fund, Inc.
"The report also contains information on
each person executed since the death penalty was reinstated in 1976,
and information on U.S. Supreme Court decisions. The last version
of
DR USA was Jan. 1, 2007.. . . The total number of inmates on death rows
across the country is
3,309, a decrease from 3,350 reported on January 1, 2007. The
jurisdictions with the most inmates on death row are: California
(667); Florida (397); Texas (373); Pennsylvania (228). The
jurisdictions (having 10 or more inmates) with the highest percentage
of minorities on death row are: Texas (70%); Pennsylvania
(69%); Louisiana (66%)."
In other news, a fierce battle
is underway in North Carolina on whether the
Tarheel state will add a a Racial
Justice Act to the state's capital sentencing scheme. The
scheduled execution
of Lester Leroy Bower Jr. has been stayed in light of new
evidence of possible innocence. The District Attorney handling the
Paul House retrial
indicates if the DNA" found on a hair discovered in
Carolyn Muncey’s hand following her murder, he will consider dropping
the charges against House." The
Oklahoma Pardon and Parole Board voted 4-1
Tuesday to recommend
clemency convicted killer Kevin Young;. the board’s recommendation
now goes to the Governor.The scheduled execution of Lester Leroy
Bower
Jr. has been stayed so that Bower's guilt can reassured in light of new
evidence. “This
local article
from Missouri, headlined “Prosecutors use discretion differently in
death sentencing” indicates the seeking of new death sentences appears
to be down in the "Show Me" state.
Lastly, a California judge threatened to throw a widow in
jail when called as a prosecution witness in the penalty phase if she
told the jury she did not support the death penalty.
Hofstra Law Review has a just
released
an edition devoted to the topic of mitigation in capital cases. The
edition appears to be an instant classic.
The entire edition is online. This edition has the ABA’s Supplementary
Guidelines for the Mitigation Function of Defense Teams in Death
Penalty Cases (PDF). Other articles include :
- and numerous articles by
legends of
the bar, the bench and academia that provide useful discussions of the
mitigation function from a variety of perspectives.
Looking ahead, the Fifth Circuit granted a COA in Paul
Everette Woodward v. Epps on "whether the
State's use of peremptory challenges at Woodward's resentencing
violated his Fourteenth Amendment right to equal protection under
Batson." Also, tThe Florida Supreme Court finds insufficient
evidence to
support a finding of premeditation and vacates a first degree murder
conviction in Eddie
Junior Bigham v. State.
Lastly, my apologies for running late, it has been difficult
to get back in to the cyber grind following an exceptionally heavy late
spring / early summer in court. As always thanks for reading and for
forgiving the typos in advance - k
Pending Executions
July
14 Tamir Hamilton - Nev (s)
22 Kevin Young - Okla*
23 Derrick Sonnier - Tex.*
23 Dale Lee Bishop - Ms*
24 Christopher Emmett Va*
28 Gregory Decay - Ark.(s)
30 John Middleton - Mo.*
31 Larry Davis - Tex.*
31 Tommy Arthur - Ala*
August
5 Jose Medellin - Tex.*
7 Heliberto Chi - Tex.*
12 Leon Dorsey - Tex.*
14 Michael Rodriguez Tx* (v)
20 Denard Manns - Tex.*
21 Jeff Wood -Tex.*
September
9 Gregory Wright -Tex.*
9 Frank Williams, Jr., - Ark*
10 Charles Hood - Tex.*
17 William Murray -Tex.*
18 Joseph Ries -Tex.*
23 Richard Henyard - FL*
25 Jessie Cummings - Okla*
October
7-13 Briley Piper - S.D.*
14 Richard Cooey - Ohio*
16 Kevin Watts - Tex(
28 Eric Nenno - Tex*
Recent Executions
July
1 Mark Schwab - Fl
10 Carlton Turner - Tex.
10 Kent Jackson - Va
* "serious" execution date / (s)
stay believed likely /
(V) Volunteer
[Sources: DPIC, Rick Halperin & AP]
Week
of
June 30, 2008 – In
Favor of the Defendant or the Condemned
- Mark
Hall v.
McPherson, 2008 Ga. LEXIS 551 (Ga 6/30/2008) "The
testimony elicited at trial regarding McPherson's upbringing, in
contrast to that presented at the habeas evidentiary hearing, not only
failed to inform the jury of the extent and scope of the childhood
abuse and neglect McPherson endured and of his childhood exposure to
alcohol and drug-abusing adults, but the trial testimony portrayed
McPherson's mother as a long-suffering, hard-working, devoted
mother to her sons who had done everything she could to keep McPherson
away from drugs. The jury never heard that when McPherson was growing
up, his mother was a violent alcoholic who chased him away from his
home for days at a time and who often beat him, leaving him badly
bruised, and that he spent much of his youth in foster homes or
institutionalized." Further, "No reasonable lawyer in counsel’s
position would have decided not to seek McPherson’s drug treatment
records, particularly his Charter Peachford records.Trial counsel’s
investigation also was not reasonable in light of the guidelines set
forth by the American Bar Association, which provide that counsel at
every stage of a capital case “have a continuing duty to investigate
issues bearing upon penalty and to seek information that supports
mitigation or rebuts the prosecution’s case in aggravation.” As
counsel had no rational strategy or reason for failing to develop this
mitigating evidence, their performance fell below an objective standard
of reasonableness.
- State
v. Terrance Tate, 2008 Ohio App. LEXIS 2712 (Ohio 7th App
6/26/2008) (dissent) "The motion to suppress
was properly granted because defendant was in custody when he was
questioned about the child’s fatal injuries. The interrogation took
place at the police station, defendant was a suspect and was not free
to leave, the police screamed at him, and they tried to overpower,
trick, or coerce defendant into talking.
" [via Lexisone]
Week of June 30, 2008 – In
Favor of the State
or Government
- Johnny
Wayne Hyde v.
Branker, 2008 U.S. App. LEXIS 13778 (4th Cir
6/30/2008) (unpublished) Relief denied on claims that "(a)
the state court erred in denying his motion
to suppress a confession that he made to police officers during a
custodial interrogation;" (b) "the Supreme Court
of North Carolina erred in finding that the state trial court did not
violate his constitutional rights when it excused several prospective
jurors during consideration of hardship requests"; (c) "the state
appellate court also violated or unreasonably applied
Supreme Court precedent in rejecting his claim that the trial court
impermissibly restricted defense questions during voir dire;" (d)
"state court violated clearly established Supreme
Court precedent in rejecting his contention that insufficient evidence
supported the jury finding as to one of the aggravating circumstances
-- that the murder was committed for the ppuurpose of avoiding
arrest;"
(e) "the trial court erred by failing to intervene ex mero motu when
the prosecutor made an allegedly improper closing argument that asked
the jury to consider an aggravating factor not recognized under North
Carolina law;" (f ) " the jury instructions
allowed the jury to accord no weight at all to statutory mitigating
circumstances and that, as a result, his sentence was
unconstitutionally arbitrary;" and (g) "trial counsel was
constitutionally ineffective in failing to present a voluntary
intoxication defense at the guilt phase of the trial and in failing to
prepare expert witnesses regarding intoxication at the sentencing
phase."
- William
Mark Mize v. Hall, 2008 U.S. App. LEXIS 14002 (11th Cir
7/2/2008) Relief denied on appeal relating to claims whether:
(a) a "prosecutorial misconduct claim was procedurally
defaulted"; (b) "the prosecution violated Brady v. Maryland
by failing to turn over six pages of notes from a pretrial interview;"
and (c) " Mize asserted an actual innocence claim, relying on
statements made by Chris Hattrup in his plea colloquy, at Mize's motion
for new trial hearing, and in two affidavits."
- Daniel
Jon Peterka v. McNeil, 2008 U.S. App. LEXIS 14001 (11th Cir
7/2/2008) Relief denied. "Peterka argues
that his penalty-phase counsel were ineffective for failing to
investigate and present three types of potentially mitigating evidence:
(1) evidence concerning Peterka's military record; (2) evidence
concerning Peterka's good prison behavior, including his failure to
take advantage of an escape by his cellmates; and (3) evidence in the
nature of his family relationships and good character. For the reasons
explained below, we affirm the district court's denial of Peterka's
petition."
- Ex parte Darryl Dewayne Turner; 2008 Ala. LEXIS 128 (Ala
6/27/2008)
Turner "petitions this Court for the writ of mandamus directing the
Court of
Criminal Appeals to vacate its June 29, 2007, order in which it
instructed Judge James W. Woodruff, Jr., to set aside his order
granting discovery of certain institutional files and prosecution
records. We conclude that Turner has not demonstrated a clear legal
right to the relief sought; therefore, we deny the petition."
- People
v. Michael McCrea Whisenhunt, 2008 Cal. LEXIS 7900 (Cal
6/30/2008) "In an automatic appeal, a conviction for first degree
murder and death sentence is affirmed over claims of error regarding:
1) denial of defendant's request to show prospective jurors photographs
of the victim's injuries during voir dire; 2) excusing a juror based
on her views concerning the death penalty; 3) sufficiency of the
evidence to support the first degree murder conviction and torture
special-circumstances finding; 4) admission of evidence of prior acts
of child abuse; 5) a refusal to permit the defense to present evidence
impeaching a prosecution witness; 6) admission of evidence of victim's
prior injuries; 7) cross-examination of defendant on past acts of child
abuse; 8) admission of photographs of the victim; 9) refusal to
instruct on the offense of being an accessory after the fact to a
felony; 10) failure to instruct the jury with CALJIC No. 3.19; 11)
failure to instruct on second degree implied malice murder; 12)
instruction that motive is not an element of murder by torture; 13)
refusal to give additional instruction on premeditation and
deliberation; 14) refusal to give additional instruction on lack of
motive; 15) unconstitutionality of jury instructions allegedly
affecting the beyond a reasonable doubt standard; 16)
unconstitutionality of the reasonable doubt instruction; 17)
unconstitutionality of the consciousness of guilt instruction; 18) the
instruction on first degree murder; 19) failure to instruct on
unanimity for the theory of first degree murder; 20)
unconstitutionality of CALJIC No. 8.75; 21) unconstitutionality of the
prosecution's reference to itself as "the People;" 22)
unconstitutionality of the murder by torture and torture special
circumstances instructions; 23) the admission of photographs of the
victim at the penalty phase; 24) admission of evidence of an
unadjudicated crime; 25) refusal of defendant's proposed penalty phase
instructions; 26) refusal to instruct on the definition of "life
without the possibility of parole;" 27) refusal to instruct on the role
of mercy in the penalty determination; 28) refusal to instruct the jury
to not rely solely on the facts of the murder verdict and the special
circumstances as aggravating factors; 29) various challenges to
California's death penalty law; and 30) cumulative error." [via FindLaw]
- People
v. Ramon Bojorquez Salcido, 2008 Cal. LEXIS 7901 (Cal
6/30/2008) "In an automatic appeal, a conviction of first and second
degree murder, and attempted murder, and a sentence to death are
affirmed over claims of error regarding: 1) the seizure of defendant in
Mexico by agents of the United States and California governments by
allegedly misrepresenting that defendant was a citizen of the U.S., in
violation of the extradition treaty between the countries; 2)
inadequate Miranda warnings during his return from Mexico; 3) denial of
a commission to examine Mexican officials concerning defendant's
confession; 4) prosecutions' for-cause challenges of prospective
furors; 5) prosecution's peremptory challenges of minority group
prospective jurors; 6) peremptory challenges of death penalty skeptics;
7) denial in part of a motion for discovery of personnel files of DEA
agent and certain officers; 8) admission of evidence of defendant's
molestation of victims; 9) admission of victim-impact evidence at the
guilty phase; 10) prosecutorial misconduct; 11) jury instructions; 12)
cumulative error; 13) delay in notice that the prosecution intended to
offer evidence in aggravation; 14) admission of photographs of a
victim; 15) exclusion of mitigation evidence that survivors would
receive benefits from defendant's art sales; 16) jury instruction on
weighing of factors; 17) cumulative prejudice; 18) failure to give
curative instructions; 19) the multiple-murder special circumstance's
failure to narrow the class of persons eligible for the death penalty;
21) constitutional vagueness of section 190.3, factor (a); 22) delay in
the execution; 23) challenges to the death penalty scheme; and 24)
denial of a motion for continuance to enable the defense to review
juror questionnaires." [via FindLaw]
- Russell
Hudson v. State, 2008 Fla. LEXIS 1217 (Fl 7/3/2008) Relief denied.
"[C]laims
raised are: (1) error in admission of hearsay testimony of phone
call from Peller to Pritchard; (2) error in allowing Gonzalez's
out-of-court statement that Hudson stole Peller's gun; (3) error in
allowing the State to comment on Hudson's failure to testify against
others; (4) error in denying request for special instruction on the HAC
aggravator; (5) fundamental error in State's jury argument on HAC; (6)
error in allowing Fizzuoglio's testimony that Peller knew he was going
to die; (7) error in finding HAC; (8) error in finding CCP; (9) error
in weighing of sentencing circumstances; (10) failure of judge to make
findings required for the death penalty; and (11) unconstitutionality
of the death penalty statute under Ring v. Arizona, or Furman v.
Georgia."
- Ricardo
Gonzalez v. State, 2008 Fla. LEXIS 1216 (Fl 7/3/2008)
"Gonzalez has appealed the denial of postconviction relief to this
Court, raising eight issues. He contends (1) trial counsel rendered
ineffective assistance during the guilt phase of trial; (2) trial
counsel rendered ineffective assistance during the new penalty phase;
(3) the circuit court erred in summarily denying Gonzalez's claim that
newly discovered evidence of a life sentence imposed on Fernando
Fernandez requires that Gonzalez receive a life sentence; (4) the
circuit court erred in failing to disclose records allegedly exempt
from production under Florida Rule of Criminal Procedure 3.852;
(5) the circuit court erred in striking Gonzalez's original
postconviction motion without permitting him leave to amend; (6) the
application of the new rule 3.851
to Gonzalez violates his rights to due process and equal protection;
(7) Florida's capital sentencing procedures violates Gonzalez's Sixth
Amendment right to have a unanimous jury return a verdict
addressing guilt of all the elements necessary for the crime of
first-degree murder, in violation of Ring v. Arizona, 536 U.S. 584
(2002);
and (8) his constitutional right against cruel and unusual punishment
will be violated as he may be incompetent at the time of execution."
- Anthony
Spann v. State,
2008 Fla. LEXIS 1225 (FL 7/3/2008) Relief denied on claims that
"that
(1) trial counsel rendered ineffective assistance during the guilt
phase of trial, and (2) trial counsel rendered ineffective assistance
during the penalty phase by failing to conduct a thorough investigation
of mitigating evidence."
- Roderick
Ruffin v. State, 2008 Ga. LEXIS 550 (Ga 6/30/2008)
Relief
on speedy
trial claim denied. "It has now been well over three years since Ruffin
was indicted, and
the vigor and formality with which he has pressed his constitutional
speedy trial claim are no longer subject to challenge. The District
Attorney should be aware that any further delay in bringing Ruffin to
trial not attributable to Ruffin runs a serious risk
of
violating Ruffin's right to a speedy trial guaranteed by the Sixth
Amendment
and the Georgia Constitution. If that were to happen, then under
controlling United States Supreme Court precedent, dismissal of the
charges against Ruffin would be constitutionally required"
- Schofield
v.
Andrew Allen Cook, 2008 Ga. LEXIS 545 (Ga 6/30/2008) "We have
set
out above the instances in which we have found or assumed
trial counsel's deficient performance. We conclude, considering the
combined effect of those deficiencies, that they did not in reasonable
probability affect the outcome of either phase of Cook's trial. Id.
Accordingly, we order Cook's death sentence reinstated"
- Ex
parte Juan Jose Reynoso, 2008 Tex. Crim. App. LEXIS 821 (Tex
Crim App 7/2/2008) "This is a post conviction application for
writ of
habeas corpus filed pursuant to the provisions of Texas Code of
Criminal Procedure article 11.071.
In an order delivered on June 27, 2007, dismissing the application as
untimely, we set out a detailed account of applicant's repeated
attempts to waive his appeals that were interspersed with an occasional
desire to pursue those same appeals. Ex parte Reynoso.
Given the timing and applicant's repeated claims that he did not want
to pursue his appeals, we held that, although his application was filed
during an interval in which he chose to pursue his appeals, applicant
could not show good cause for the untimely filing. Id. Therefore, we
dismissed his application in its entirety and declined to appoint him
new counsel under Article 11.071 § 4A. Id. Applicant subsequently filed
a suggestion that we reconsider the case on our own initiative as
allowed under Texas Rule of Appellate Procedure 79.2(d). Applicant
asserted that the Court had not considered the application of Texas
Rule of Appellate Procedure 4.1(a)
in calculating the date on which applicant's habeas application had
been due. We granted rehearing on our own initiative and asked for
briefs on the issue. Throughout the scholarly debate that followed, the
Court discovered that the issue was much more detailed and complicated
than simply asking whether the calculation rule should be applied. We
now file and set and issue the following opinion, concluding that there
was good cause for applicant's tardy filing, but denying relief on his
writ."
(Initial List) Week
of
June 30, 2008 – In
Favor of the Defendant or the Condemned
- Paul
Everette Woodward v. Epps, 2008 U.S. App. LEXIS 14247 (5th
Cir 7/7/2008) (unpublished) "COA is granted on the issue of whether the
State's use of peremptory challenges at Woodward's resentencing
violated his Fourteenth Amendment right to equal protection under
Batson."
- Eddie
Junior Bigham v. State, 2008 Fla. LEXIS 1232 (Fl 7/10/2008)"[W]e
reverse the first-degree murder conviction and vacate the death
sentence because we conclude the evidence is insufficient to prove
premeditation. However, we find that the record supports a conviction
of second-degree murder, and we remand to the trial court to enter a
judgment of conviction on second-degree murder and to conduct a
sentencing proceeding on that conviction."
- Ex parte State of Alabama; (In re: State of Alabama v.
Jason Murphy),
2008 Ala. Crim. App. LEXIS 120 (Ala Crim App 7/3/2008) "Judge Reynolds
is directed to grant the motion to compel and to
continue Murphy's third trial until a transcript of the second trial is
prepared by his official court reporter, Deborah Sharman."
(Initial List) Week of June 30, 2008 – In
Favor of the State
or Government
- Christopher
Scott Emmett, v. Johnson, 2008 U.S. App. LEXIS 14701 (4th
Cir 7/10/2008) Challenge to Virginia's lethal injection protocol in
this section 1983 action denied as: 1) Virginia's protocol is
substantially similar to that at issue in Baze;
2) plaintiff failed to produce sufficient evidence that Virginia's
scheme would produce undue risk of pain; and 3) anecdotal evidence and
speculation of future incidents are insufficient to defeat summary
judgment.
- Samuel
Bustamante v. Quarterman,
2008 U.S. App. LEXIS 14248 (5th
cir 7/7/2008) "Bustamante contends that counsel rendered ineffective
assistance by failing to inspect the trial exhibits before they were
given to the jury, thus allowing an exhibit that had not been admitted
to be considered by the jury."
- Frank
Moore v. Quarterman, 2008 U.S. App. LEXIS 14284 (5th
Cir
7/7/2007) In "a prosecution for capital murder, denial of a
certificate of appealability after the district court denied petitioner
habeas relief is affirmed over claims of error regarding: 1) the
state's withholding of evidence favorable to his cause both as to guilt
and punishment; 2) comments made in a second trial referring to a first
trial, as being a violation of his right to a presumption of innocence;
and 3) ineffective assistance of counsel based on a failure to
adequately investigate the facts surrounding the shooting." [via
Findlaw]
- Abdullah
Shariv Kaazim Mahdi v. Bagley, 2008 U.S. App. LEXIS 14260 (6th
Cir. 7/7/2008) Relief denied. "Mahdi argues that the district court
erred in finding that: (1) his trial counsel was not ineffective; (2)
his appellate counsel was not ineffective; and (3) the retroactive
application of a change in Ohio case law did not constitute a violation
of the Due Process Clause."
- People
v. Billy Ray Riggs, 2008 Cal. LEXIS 8244 (Cal
7/10/2008) "A conviction and death sentence for first degree
murder are affirmed over claims of error regarding: 1) inadequate
Faretta advisement; 2) denial of a motion to change venue; 3) error in
failing to excuse jurors during death qualifying voir dire; 4)
admissibility of a videotape of America's Most Wanted; 5) admission of
battered woman syndrome evidence; 6) the trial court's decision to deem
the defense case complete; 7) prosecutorial misconduct during the
guilty and penalty phases; 8) improper admission of photographs of the
victim's body; 9) instructional error during the guilty and penalty
phases; 10) constitutionality of the death penalty; and 11) the
cumulative effect of errors." [via
FindLaw]
- People
v. Richard Ray Parson, No. S056765 (Cal 7/10/2008) "A conviction
and death sentence for murder, robbery, and burglary are affirmed over
claims of error regarding: 1) denial of defendant's motion to suppress
evidence seized; 2) the court's failure to instruct sua sponte on
assault because there was evidence to show that the offense he
committed was less than burglary and robbery; 3) a failure to instruct
sua sponte on theft and on the definition of the term "steal" in
connection with the elements of burglary; 4) jury instructions which
undermined the requirements of proof; 5) prosecutorial misconduct; 6)
ineffective assistance of counsel; 7) a failure to provide intercase
proportionality review; 8) the constitutionality of the death penalty;
9) violations of international law; and 10) the cumulative effect of
errors in both the guilt and penalty phase." [via
FindLaw]
- James
Armando Card, Sr. v. State, 2008 Fla. LEXIS 1231 (Fl 7/10/2008) "In
a prosecution for murder, robbery and kidnapping, denial of defendant's
motion to vacate his death sentence is affirmed over claims of error
regarding ineffective assistance of counsel in his re-sentencing, based
on an alleged failure to investigate and present mitigation evidence
that would have supported two statutory mitigating circumstances." [via
FindLaw]
- Neil
K. Salazar v. State, 2008 Fla. LEXIS 1235 (7/10/2008) "A conviction
and death sentence for first degree murder are affirmed over claims of
error regarding: 1) denial of defendant's motion for a mistrial based
on improper prosecutorial comments during guilt-phase final arguments;
2) improper self-bolstering witness testimony; 3) the trial court's
error in finding the cold, calculated, and premeditated aggravator; 4)
arguments during penalty phase closing arguments that victims were
terrorized; 5) the unconstitutionality of the death penalty; 6) the
sufficiency of the evidence; and 7) the proportionality of the death
sentence." [via
FindLaw]
- Michael
Reaves
v. State,
2008 Ga. LEXIS 622 (GA 7/11/2008) Court below did not err as to:
"(1)
whether the trial court erred in denying a motion to suppress Reaves’
statements; (2) whether the trial court erred in denying a motion to
suppress evidence seized with warrants; and (3) whether the trial court
erred in refusing Reaves’ request to have a video recording of his
custodial statements examined by the FBI. Reaves’ wife was also charged
with murder and related offenses,"
- Charlott
Lynett Reaves v. State,
2008 Ga. LEXIS 622 (GA 7/11/2008) Trial court did not err as to:
"(1)
whether the trial court erred regarding a motion to suppress evidence
seized with warrants and (2) whether the trial court erred in denying a
motion to exclude a printed e-mail under the privilege afforded to
inter-spousal communications."
- Ex
parte Edgar Arias Tamayo, 2008 Tex. Crim. App. Unpub. LEXIS 488
(Tex. Crim. App. 7/2/2008) Dismissed with written order as to
Vienna convention claim.
SMALL PRINT
SUBSCRIBING & ARCHIVES:
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summaries above are normally published
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1997-2008 COPYRIGHT / DISCLAIMER / FAIR USE NOTICE: In plain English,
you can use these materials without attribution (although I would
appreciate the attribution) for any noncommercial purposes you see fit,
(such as professional education, your newsletter, etc.). You can't use
the works created by others contained in this newsletter identified
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Any derivative works must provide at least as equal or greater waiver
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Where in conflict with the plain English version of this disclaimer /
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ADDITIONAL DISCLAIMER: In
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establishment of attorney-client relationship. On a semi-regular basis
cases in which the writer(s) have participated in one manner or another
(including as counsel of record) may be covered here. As always, the
views expressed here represent an attempt to show what a given Court
held, not whether a particular court reached the right decision The
opinions noted above are normally "slip opinions" that may be modified
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method we use is to permit readers to readily find opinions either from
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OPEN RESEARCH DATA:
Search terms for the weekly are "DEATH
PENALTY" OR "CAPITAL MURDER" OR "SENTENCED TO DEATH" OR "PENALTY PHASE"
OR "SPECIAL QUESTIONS" OR "SENTENCE OF DEATH" OR "SENTENCED TO DEATH"
OR
"DEATH SENTENCE" or "capital punishment" or "witherspoon" - please
note, however, the terms "overproduce"
results, including all federal habeas corpus cases.
Execution information derived
from Rick Halperin, DPIC & media accounts
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