Case law review
[update] This week’s working draft of case law since the Nov. 2 is here.
The Supreme Court for the second week in a row leads off an edition. On Monday the Court again entered in to its “error correction mode” with a per curiam decision in Wong v. Belmontes (08-1263), reversing and remanding the judgment. Having reversed the Ninth Circuit twice in this case, a reversal the third time came as no shocker. Specifically, the Court vacated sentencing relief based on ineffective assistance of counsel grounds as Mr. Belmontes can’t show prejudice arising from any alleged deficient performance by trial counsel.
The Court on Monday also granted certiorari in Magwood v. Culliver (09-158) [Opinion below (11th Circuit) // Petition for certiorari // Brief in opposition // Petitioner’s reply]. The issue in Magwood concerns “when a person is resentenced after having obtained federal habeas relief from an earlier sentence, is a claim in a federal habeas petition challenging that new sentencing judgment a “second or successive” claim under 28 U.S.C. § 2244(b) if the petitioner could have challenged his previously imposed (but now vacated) sentence on the sameconstitutional grounds.”
Appearing in the Sunday Fort Worth Star-Telegram was a great look at Texas and LWOP: Death sentences have dropped sharply after life without parole became possible. “While the debate over capital punishment rages anew in Texas, new inmates going to Death Row have hit a 35-year low as prosecutors are pushing for fewer death sentences and, many believe, juries have become less willing to give them.” Juxtaposed to the lower numbers from Texas are that the total executions for the year look to be about one every seven or so days, roughly the rate it has been for the last three to four years (excluding the period of the Baze stays); the total for the year should be no more than 52.
Ohio is switching to a one drug protocol, which some believe, could be a huge step forward towards providing a more humane execution protocol. Cost remains in the news in stories out of Texas, Kentucky, Georgia, and WashingtonThanks as always for reading. – k
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