Texas stay
The Supreme Court has stayed the execution of Kenneth Mosley:
The U.S. Supreme Court Wednesday night stopped the scheduled execution of Texas death row inmate Kenneth Mosley a day before he was to receive lethal injection for the fatal shooting of a suburban Dallas police officer.
The court agreed to halt the lethal injection until it resolves an Alabama death penalty case that Mosley’s attorney said could affect his case. [Wood v. Allen]
The Alabama case, to be heard by the high court in November, centers on whether a trial lawyer was constitutionally deficient in failing to raise objections during the punishment phase of the trial.
Mosley’s attorneys have raised similar claims, saying his trial attorneys were deficient for not objecting to victim impact testimony from the officer’s wife and for not calling witnesses to testify about Mosley’s drug and alcohol addictions.
Mosley, 51, was condemned for the February 1997 shooting death of Garland Officer Michael David Moore. Moore was responding to a 911 call about a robbery at a bank.
Thursday, 24. September 2009 8:54
[...] reported by Capital Defense Weekly, the Supreme Court stayed the execution of Kenneth Moseley yesterday, pending its review of the [...]
Thursday, 24. September 2009 18:52
“Failing to raise objections” is not a correct description of Wood’s claim.
Thursday, 24. September 2009 22:09
I would tend to agree with you. I haven’t seen the petition or reply. I’m hoping the SCOTUSBlog has it in the coming days.