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Capital Defense Weekly VOLUME III (2000)

 

	JANUARY
Week of January 3,  2000:	opt-in provisions of the AEDPA/ Paxton v. Ward (10th Cir) (penalty phase relief for failure to admit polygraph, prosecutorial misconduct & use of unreliable hearsay in aggravation.)
Week of Janaury 10, 2000:	Lockett Doctrine
Week of Janaury 17, 2000:	AEDPA statute of limitations
Week of January 24, 2000:	jury selection in capital cases.
Week of January 31, 2000:	AEDPA & waiver of procedural defenses / Ashmus v. Woodford (9th Cir) (California does not meet the requirements for "opt-in" and sets forth at some length their rationale. )
	FEBRUARY
Week of February 7,  2000:	victim impact evidence
Week of February 14, 2000:	post-conviction miscellany
Week of February 28, 2000:	categeorical bans on executions/Combs v. Coyle (6th Cir) (noting a Circuit split,  lists prosecutorial comment on silent and trial counsel's failure to object to that comment as of one of the grounds for which it grants relief. )
	MARCH
Week of March 6, 2000	Perrillo v. Johnson (5th Cir)(relief granted for   conflict of interest by trial counsel)
Week of March 13, 2000	spring CLE training/ Pickens v. Gibson (10th Cir)(the jury based its condemnation on impermissible evidence,  an unconstitutionally obtained confession);  LaFevers v. Gibsons(10th Cir) (stay ordred mere hours before execution in this successive petition when DNA might exonerate the condemned).
Week of March 20, 2000	international law and criminal defense/White v. Bowersox (8th Cir) (remand to examine the merits of several claims the court below had held procedurally defaulted.)
Week of March 27, 2000	Cost, Deterrence, Incapacitation, Brutalization and the Death Penalty The Scientific Evidence
	APRIL
Week of April 3, 2000	Funding in capital cases
Week of April 10, 2000	Louisiana Indigent Defense Board (http://www.lidb.com) and its online motion bank.
Week of  April 17, 2000	Taylor Williams v Taylor. (US) (Habeas relief granted in setting the AEDPA standards and clarifying the role Strickland);  Michael Williams v. Taylor (US) (the question for whether or not there should be an evidentiary hearing in a case "is not whether the facts could have been discovered but instead whether the prisoner was diligent in his efforts." -- remanded for an evidentiary hearing); Allen v. Butterworth (Fl) (Florida Supreme Court unanimously struck down the state's Death Penalty Reform Act)
Week of April 24, 2000	Mata v. Johnson (5th Cir) (remand on  Mata's earlier competency to abandon collateral review of his capital murder conviction and sentence); Randall v. Florida (Fl) while examining  what differentiates first degree from second degree murder.
	MAY
Week of May 1, 2000	motions relating to jury practice in a capital case.
Week of May 8, 2000	motions relating to habeas practice in a capital case and comes from the Public Interest Law Center/ Mayes v. Gibson (10th Cir) (a panel remands for an evidentiary hearing on claims relating to failure to investigate.); United States v. Barnette (4th Cir) (court failed  to permit penalty phase mental health witness to testify in surrebuttal.);  A Ninth Circuit panel, on remand from the United States Supreme Court in Coleman v. Calderon   that an instruction on the governor's pardon power was constitutionally infirm and had a substantial and injurious effect on the jury's verdict.
Week of May 15, 2000	top death penalty defense and related web sites/ Jackson v. Calderon (9th Cir)(split panel grants a new sentencing hearing because of counsel's failure to examine his client's troubled psychological background)
Week of  May 22, 2000	summer CLE training opportunities.
Week of  May 29, 2000	recent law review titles are offered this week on capital punishment .
	JUNE
Week of June 5, 2000	competency to be executed/ Saldano v.  Texas. (a cryptic two sentence Supreme Court order which struck down a race based death sentence)
Week of June 12, 2000	Professor James S. Liebman's  study "A Broken System: Error Rates in Capital Cases" /Ramdass v. Angelone (petitioner loses on a technicality, but the language relating to AEDPA is favorable).
Week of June 19, 2000
Week of June 26, 2000
	JULY
Week of July 3, 2000
Week of July 10, 2000
Week of July 17, 2000
Week of July 24, 2000
Week of July 31, 2000
	AUGUST
Week of August 7, 2000
Week of August 14, 2000
Week of August 21, 2000
Week of August 28, 2000