From the weekly:

Three favorable cases are noted since the last edition, State ex rel. Andrew Lyons v. Lombardi (Missouri), Joseph E. Corcoran v. Levenhagen (Seventh Circuit), and Leon Winston v. Kelly (Fourth Circuit).

The Missouri Supreme Court’s grant of relief in State ex rel. Andrew Lyons deceptively appears to be a rather straightforward Atkinsgrant, however there is a twist. “Although the statute does not specify any particular method for proving this element, the parties presented evidence of Lyons’ IQ scores.4There were four IQ tests. The results ranged from 61 to 84. Lyons’ expert presented evidence that reconciled the variance. The master concluded that this expert’s testimony was the most credible and concluded that Lyons’ IQ fell within the range of 61 to 70.”  “The state vigorously notes the lack of an IQ test result from prior to age 18 and the scant school records and other evidence with respect to the adaptive behaviors.. . .A purpose of requiring documentation is to diminish the possibility a defendant will fabricate or exaggerate the symptoms of mental retardation to avoid punishment. The records that Lyons presented and the testimony received are sufficient for the master to conclude that Lyons’ conditions were not a recent fabrication and that they were documented prior to Lyons attaining 18 years of age.”

On remand from the SCOTUS, the Seventh Circuit’s grant of relief in Corcoran, fortunately, surprised few.    “The trial court erred in using in its “weighing” calculations non-statutory aggravators in contravention of state law.”  “Nothing in this opinion prevents Indiana from adopting a rule [ ] permitting the use of non-statutory aggravators in the death sentence selection process.”

Finally the Fourth Circuit in Winston remands for a hearing on Mr. Winston’s Atkins claim.   The panel holds the district court erred in refusing to consider Petitioner’s proffered evidence of mental retardation as the evidence failed to change the nature of Mr. Winston’s claims and because counsel diligently sought out the information sought to be brought in to the record. An interesting discussion for habeas wonks on the default and factual development in state court. Hopefully, the folks at CapDefenseNetwork should have something on the decision in the next few days.

In light of time constraints, I should note that CapDefenseNetwork’s “week at a glance” has updated, as well as its CLE listings, Steve Hall’s StandDown-Texas (including the details of a life verdict following a rare appellate win in Texas & a case we’re watching here with an execution date for reasons that will be expanded upon at the daily blog, Hank Skinner) is a must read daily (and Tuesday morning should be no exception), DPIC looks at costs & the future of North Carolina’s death penalty, likewise Doug Berman has also covered the topic in recent days.

My apologies for an abbreviated issue, however, in light of time constraints it was short or not at all.  As always, thanks for reading. -k