On November 16, 2017, the Fourth Circuit Court of Appeals reversed the district court's denial of relief on Virginia death row inmate Anthony Juniper's Brady claim and remanded for an evidentiary hearing. Juniper v. Zook, ___ F.3d ___ (4th Cir. Nov.
Latest News
November 16, 2017 - Attorney General is considering applications for Chapter 154 certification
On November 16, 2017, the Department of Justice published in the Federal Register a notice advising the public that the State of Arizona has requested certification of its capital counsel mechanism by the Attorney General and that public comments may be submitted to the Department of Justice regarding Arizona's request. Also on November 16, 2017, the Department of Jusice published in the Federal Register a
In Kirkpatrick v. Chappell, ___ F.3d ___ (9th Cir. Oct. 10. 2017), the majority of a three-judge panel reversed the district court's ruling that certain claims in William Kirkpatrick's federal habeas petition were unexhausted and, therefore, subject to dismissal.
June 19, 2017 - Sentencing relief granted to California death row inmate
In a pre-AEDPA case, Eric Kimble received habeas relief, on a claim, inter alia, of ineffective assistance of counsel at the penalty phase of Kimble's capital trial. Kimble v. Davis, 2:90-cv-04826-SVW (Order Granting in Part Petition for Writ of Habeas Corpus - June 19, 2017).
September 18, 2017 - New Software for capdefnet.org
We have new software for capdefnet.org that we believe will improve the usefulness of the site to the capital defense community. Please bear with us as we work through the glitches. Persons who had accounts for HAT's secure page should have received instructions for obtaining a password using the new software. Apologies for the lack of advance warnings. Please report any problems or concerns to Wendy Peoples.
United States District Judge Ellison of the Southern District of Texas found that state post-conviction counsel’s ineffectiveness provided cause to overcome the procedural default of Travis Green’s ineffective assistance of trial counsel at sentencing claim. Green v. Stephens, 4:13-CV-1899 (S.D. Tex. May 10. 2017) (Memorandum and Order). Judge Ellison concluded that the defaulted claim was substantial, noting, inter alia:
In Jenkins v. Hutton, 582 U.S. ___ (June 19, 2017) (per curiam), the Supreme Court reversed a grant of sentencing phase relief where the Sixth Circuit erred in reaching the merits of Ohio death row inmate’s defaulted claim that his due process rights were violated because the trial court failed to instruct the jury that, when weighing aggravating and mitigating factors, the jury was limited to the two aggravating factors it found at the guilt phase of the trial.
June 19, 2017 - Supreme Court reverses denial of relief on Ake claim
In McWilliams v. Dunn, 582 U.S. ___ (June 19, 2017), an Alabama capital case, the Supreme Court ruled that petitioner's right to expert mental health assistance at sentencing under Ake v. Oklahoma, 470 U.S. 86 (1985) was violated. Petitioner was evaluated pre-trial at a state hospital for purposes of determining competence and mental state at the time of the offense, and prior to judicial sentence by a neuropsychologist employed by the State’s Department of Mental Health. He was denied, however, his request for appointment of an expert to assist in reviewing the prior evaluations and the extensive medical records in order to prepare and present mitigation evidence. The Alabama Court of Criminal Appeal’s finding of no violation of Ake was contrary to, or involved an unreasonable application of clearly established federal law.
April 14, 2017 - Alabama abandons judicial override in capital cases
On April 11, 2017, new Alabama Governor Kay Ivey signed into law SB16, which eliminates judicial override of jury sentencing recommendations in capital cases. The capital jury is no longer designated as advisory at the sentencing stage. Rather, its sentencing determination is final. The new law does not require unanimity for a death sentence. A death verdict is to be returned if at least ten of the twelve jurors agree on a death sentence.
March 28, 2017 - Supreme Court reverses denial of relief on Atkins claim
In Moore v. Texas, 581 U.S. ___ (March 28, 2017), the Supreme Court (Ginsburg, with Kennedy, Breyer, Sotomayor, and Kagan; dissent by Roberts, with Thomas and Alito), vacated the judgment of the Texas Court of Criminal Appeals (“CCA”) which had denied relief to Bobby James Moore on his claim that he was intellectually disabled (“ID”) and therefore ineligible for execution.
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