about 4 years ago - No comments
When I got to work this morning and followed my daily routine of checking the judicial branch website to see if there were any opinions being issued today, I was excited. Giddy, even. (Get it? Giddy…) The Supreme Court had decided to release opinions in three very, very interesting cases. As luck would have it,…
about 4 years ago - 2 comments
After being denied a new trial in State court, Michael Skakel is now going straight to federal court. His attorneys filed a petition for writ of habeas corpus (not petition for new trial as the Courant first reported), raising essentially the same failed claims from his direct appeal to the Connecticut Supreme Court. I’m not…
about 4 years ago - 16 comments
In an exciting move, SCOTUS today granted cert. in a capital habeas case [petition here, opposition here] to decide whether someone can receive ineffective assistance during the plea bargaining process. The actual facts are slightly more complicated, but as Scotusblog notes, the basic question (which was added later by the Court) is what is: the…
about 4 years ago - 5 comments
You’d think that this would be an easy one. However, 50% of the judges that looked at this case disagreed. Luckily one of those was the trial judge, so the 3-judge panel of the Appellate Court overturned the conviction. In State v. Browne [pdf], the defendant argued that his conviction should be overturned because the…
about 4 years ago - 1 comment
In the end, the Georgia Supreme Court achieved the correct result. In a 4-3 opinion [pdf - make sure you read both the majority and the dissent] issued today, it found Genarlow Wilson’s 10 year sentence to be “cruel and unusual punishment” for the crime of which he was convicted. However, I’m not sure this…
about 4 years ago - 5 comments
Judge Karazin today issued his Memorandum of Decision [pdf] denying Michael Skakel’s petition for new trial, holding that most of what Skakel based his claims on was not newly discovered evidence. Skakel sought a new trial based on Gitano “Tony” Bryant’s claim that his two friends told him they got Moxley “caveman style.” Bryant and…
about 4 years ago - No comments
The Appellate Court released two criminal opinions (yes, they are criminal!) today. In State v. Mourning [pdf], they upheld the defendant’s convictions for conspiracy to commit murder, manslaughter and possession of a firearm. Two interesting issues raised on appeal were that 1) there was insufficient evidence to prove the conspiracy and 2) the jury’s verdicts…
about 4 years ago - 1 comment
Ah, just one glorious day before Gideon returns to the Constitution State to resume blogging duties. With the trip coming to a close, it’s a good idea to remind ourselves of our ethical duties. So here’s the most commented post at “a public defender”: —————————————————————————————————————————— My post two days ago about the appropriateness of comments…
about 4 years ago - 2 comments
A groundbreaking study was released today, examining the impact of AEDPA on Federal Habeas Corpus petitions. The executive summary is here and the full report is here [both are .pdf files]. From the press release: Before the 1996 law, known as the Anti-terrorism and Effective Death Penalty Act or “AEDPA,” federal courts granted a writ…
about 4 years ago - 10 comments
We all know the story of the Texas lawyer who fell asleep during a capital trial, but now Scott points to one in New York. Unfortunately, as was the case with the Texas appeal, the court in NY also found that it was not ineffective, because, in essence, the lawyer did some “lawyering”. Here’s another…
