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Article • May 15, 2007
VA Death Row Prisoners Not Entitled to Appointed Counsel by The U.S. Court of Appeals for the Fourth Circuit held that indigent death row prisoners did not have a constitutional right to counsel at state expense when pursuing habeas corpus relief in state courts. Prisoners on Virginia's death row brought …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Article • May 15, 2007
State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding by State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding The Tenth Circuit Court of Appeals held a state prisoner is not entitled to federally appointed and funded counsel in a …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Court Can Appoint Amicus in Pro Se Death Penalty Case by At 800: "A federal district court possesses the inherent authority to appoint an amicus curiae to assist the court in its proceedings." (Citations omitted) Here, the court appoints independent counsel for a capital defendant who represented himself and said …
Article • May 15, 2007
Defendant Drugged for Capital Trial by The court authorizes the involuntary medication of the man who shot up the Capitol Building and killed two police officers. The proposed treatment is medically appropriate because the respondent is a diagnosed paranoid schizophrenic and antipsychotic medication is the only available treatment. The potential …
Article • May 15, 2007
Forcibly Drugged Death Row Prisoner Granted Permanent Stay of Execution by The petitioner, awaiting execution for 22 years, has been medicated for most of that time, and decompensates when he is taken off his medication. The court says that, unlike someone who is medicated and achieves competence and stays that …
Article • May 15, 2007
Welcome to Hell: Letters and Writings from Death Row by Jan Arriens, Northeastern University Press, 255 pages. 1997 Reviewed By Yuri Holmes Death can arrive at any time. It can strike at anyplace. When pondered, death promotes fear in even the blackest of hearts. When allowed, it devours the human …
Article • May 15, 2007
NJ Death Row Prisoners Entitled to Court Access by A federal district court in New Jersey issued a Preliminary Injunction to provide death row prisoners in that state with access to paralegals and legal materials to ensure their right of access to the courts. This probably does not survive Lewis …
Article • May 15, 2007
Insane Prisoner Cannot Be Executed by The United States Supreme Court held the Eighth Amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane, and that Florida Statute § 922.07 was inadequate to assure adequate facts are developed to make a determination of a …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Ad Seg for Death-Eligible Detainee Is Unconstitutional by A federal court in Puerto Rico held that confinement of a federal pretrial detainee in segregation solely because he faced the death penalty was unconstitutional punishment. It also held that the exhaustion requirement of the Prison Litigation Reform Act, (PLRA) was inapplicable …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Preliminary Injunction Denied in Virginia Lethal Injection Challenge by The plaintiff sought a preliminary injunction in the form of a stay of execution based on his claim that the means by which he was to be executed violated the Eighth Amendment. Virginia law lets the condemned person choose the method, …
Article • May 15, 2007
No Media Filming of Missouri Execution Allowed by Two Reverends and the New Life Evangelistic Center challenged the prison system's ban on cameras and tape recorders at executions. The case is not mooted by the completion of the execution the plaintiffs wanted to videotape. The case falls squarely within the …
Article • May 15, 2007
Florida Lethal Injection Challenge Rejected by The plaintiff's § 1983 challenge to execution by lethal injection is the functional equivalent of a habeas corpus petition--in this case, a successive one, for which the plaintiff had not obtained permission from the Court of Appeals. The grant of certiorari in Nelson v. …
Article • May 15, 2007
Fifth Circuit Affirms Dismissal Of Suit For Execution Protocol Absent Stating Alternatives by Texas death row prisoner Donald Aldrich challenged the dismissal of his § 1983 lawsuit alleging Eighth and Fourteenth Amendment violation to the constitutionality of Texas's execution protocol. The district court claimed no issue in which relief could …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
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