Capital Defense Weekly

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he Supreme Court in Bell v. Kelly, No. 07-1223, granted cert on: “Whether 28 U.S.C 2254, the federal habeas provision governing claims adjudicated on the merits in state court, should be applied to claims based on evidence of ineffective assistance of counsel the state court refused to consider. ” DPIC notes that “the U.S. Supreme Court granted certiorari in Bell v. Kelly, No. 07-1223, where the petitioner challenged a lower court’s dismissal of his claim of ineffectiveness of counsel. Edward Nathaniel Bell stated that his trial lawyers presented no mitigating evidence on his behalf at his sentencing hearing, despite the existence of many sympathetic facts that might have led a jury to vote for a life sentence. The state court presented with this claim did not hold a hearing on whether Bell was put at a disadvantage because of his lawyers’ failures. When the case reached the federal courts through a habeas corpus petition, the U.S. Court of Appeals for the Fourth Circuit believed it was bound by the state court’s finding of no prejudice to Bell, even though this issue had not been developed in the state court. The U.S. Supreme Court will decide whether the 4th Circuit was correct in using this highly deferential standard.” Opinion below. Petition for certiorari. Brief in opposition.Petitioner’s reply,

The Fifth Circuit in Walter Koon v. Cain grants habeas relief and a new trial. Trial counsel for Koon failed in two important ways. First, counsel failed to interview the State’s key witness prior to trial who gutted the defense with testimony that effectively removed the factual basis for the the defense’s theory of the case. Second trial counsel erred in waiting until one day before trial to hire his mental health expert and whose performance reflected the lack of time to adequately prepare to testify.

The California Supreme Court unanimously reverses a death sentence in In re Adam Miranda, The People presented testimony through Joe Saucedo that Adam Miranda had committed another murder, all the while withholding evidence that Saucedo confessed to the murder himself. Prosecutors also failed turnover to defense counsel “numerous additional items” pointing to Saucedo’s guilt The evidence relating to Saucedo was disclosed to federal habeas counsel.

Tennessee death row inmate Paul House will be released. The Sixth Circuit, in a brief unpublished memorandum opinion, affirmed a district courts order of relief; “detailed opinion by this court … would only further delay resolution of this matter.”

A post-Baze lethal injection ruling, Jackson v. Taylor, continues to place Delaware executions on hold. Press accounts notes the order effectively “continued a stay on all executions in Delaware.” The federal district court will hold “a four-day evidence hearing later this year on a constitutional challenge to Delaware’s use of lethal injection. District Judge Sue L. Robinson set a pre-trial hearing for late June, at which time she’ll set a date for what will amount to a bench trial on whether Delaware’s use of lethal injection violates a constitutional ban on cruel and unusual punishment.”

A slew of trial level developments are noted. In Pennsylvania, a jury acquitted Theodore Reddice of all charges in the capital murder prosecution against him. A unanimous jury sentenced Gary Eye to life imprisonment on May 13th in a high profile federal capital prosecution in Kansas City, Cumberland County, North Carolina “jury has voted to spare the life of convicted double-murderer James Stitt [who had ]killed his housemate, a 21-year-old soldier, and the soldier’s 16-year-old girlfriend, at their home in 2005.” The four suspects accused in the murder of former Washington Redskins safety Sean Taylor will not face the death penalty.The penalty phase in United States v. Duncan DP is again delayed.

In other news, “an assistant state’s attorney for Macon County Illinois has been charged with ethical violations based upon allegedly improper closing argument in a capital case.” DPIC notes that “Maryland Governor O’Malley signed legislation creating a commission to study the death penalty on May 13.. . .and should submit its findings by December 15, 2008.” Jose Medellin has a new x-date, August 5th. The ABA has proposed a model instruction on cross-racial eyewitness identifications that was proposed by the Criminal Justice Section of the American Bar Association’s Committee on Rules of Criminal Justice, Evidence, and Police Practices.

On the international front, Cuba suspends executions for now and new Cuban President Raul Castro announced that all death sentences had been commuted to prison terms of 30 years to life, with the exception of 3 people charged with terrorism. China sees 30% drop in death penalty, the exact figures, however are secret. The Pentagon has approved capital charges for 5 alleged 9/11 co-conspirators.

Looking ahead to the next edition, on favorable opinion is so far noted. In Henry Skinner v. Quarterman a Fifth Circuit panel has granted a COA on two issues relating to ineffective assistance of counsel in the guilt phase.

Unless otherwise noted, all decisions available for free on Lexisone, and the usual subscription services like Lexis & Westlaw.

As always, thanks for reading.