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37 result(s) for mitigation

SCOTUS Rules Independent Mental Health Expert for Capital Defense

Last week, the Supreme Court of the United States (SCOTUS) published its decision in McWilliams v. Dunn, a capital case coming out of Alabama where Death Row Inmate James McWilliams argued and won that his sentencing was unconstitutional. He...

SCOTUS Opens Door to PTSD, Child Abuse Mitigation Evidence in 25 Death Penalty Cases

This week, the United States Supreme Court refused to take a case. The High Court's refusal to hear arguments and grade the papers of a lower Arizona court decision means that decision stands. It's good law. It's final. Sometimes, SCOTUS's...

Death Penalty Defense Lawyers: There's a Continuum

When I asked Terry what he thought about the recent Slate article, “ The Worst Lawyers: Death sentences are down across the country—except for where one of these guys is the defense attorney,” he said that what law professor Stephen...

September 23: Fifth Circuit Hears Oral Argument In Scott Panetti Death Penalty Case

We’ve posted about the case of the man who has been diagnosed as schizophrenic and who sits on Texas’ Death Row awaiting execution. Read the details about the case here (you may recall Scott Panetti as the man who defended...

Will Tainted FBI Crime Lab Evidence Get Death Row Inmate Oscar Bolin a New Trial?

It’s only on television that the Federal Bureau of Investigation is always honorable and crime lab evidence is beyond reproach. In reality, FBI agents and especially the FBI Crime Lab, and evidence coming out of that FBI lab, have been...

Boston Marathon Bomber Death Penalty Trial - Penalty Phase

This week, the Massachusetts trial of Boston Marathon Bomber Dzhokhar Tsarnaev continues in much the same way that a death penalty trial would in Florida or Texas. The Two Parts of a Death Penalty Trial In the Boston Marathon...

SCOTUS Will Hear Another Challenge to Florida's Death Penalty Statute

This week, the United States Supreme Court agreed to hear a case brought by Florida Death Row inmate Timothy L. Hurst that brings another challenge to the constitutionality of the Florida statute allowing for capital punishment and how a jury...

Terence Lenamon and QEEG: New Law Textbook, Appearing at FordhamLaw

Terry is a big proponent of QEEG as evidence in criminal matters. (See our earlier posts for details, including " When will QEEG Brain Mapping Get Widespread Respect in Courtroom?"). His position is that the admission of QEEG evidence in...

Jodi Arias Will Defend Herself in Penalty Phase of Death Penalty Trial

Today, Jodi Arias was granted her request to represent herself in the second part of her Arizona death penalty trial. The second phase of the trial is called the "penalty phase" and it's here that factors are considered in deciding...

Florida Death Penalty Case Re Low IQ as Mitigating Factor in Death Penalty Case before USSCt: Will Florida Statute Be Found Unconstitutional?

Image: Florida Death Row Inmate Freddie Hall Goes to U.S. Supreme Court _____________________ The United States Supreme Court will be considering an important Death Penalty case coming out of the State of Florida this term, as writ has been...

Jodi Arias Trial: Arizona Death Penalty Law and Mitigating Circumstances

As readers know, Terry Lenamon is a nationally known expert in mitigation trial work on death penalty cases. For those watching the media coverage of the Arias' case, the work to which Terry has dedicated his life is exemplified...

No Death Penalty for Vernon Dwayne Stevens: Defense Lawyer Terence Lenamon Victorious Over Capital Punishment Sought by State of Florida

Terry Lenamon just finished a six week trial in Florida, where state prosecutors were seeking the death penalty for Vernon Dwayne Stevens. Mr. Stevens, however, will not face capital punishment: Terence Lenamon's arguments for mitigation were successful and a...

When will QEEG Brain Mapping Get Widespread Respect in Courtroom?

This week, the Miami Herald ran an article discussing the current state of QEEG technology as a means to study the human brain and understand how the brain works and how it can be permanently damaged. However, the article...

Female Federal Death Row Inmate Angela Johnson Death Sentence Vacated by Federal Judge: Defense Failure at Trial Held to be "Disfunctional"

There is an interesting case being played out in Iowa right now - interesting because not only does it involves a woman on Death Row facing the death penalty, but also because it involves the federal death penalty statute. Here's...

QEEG Brain Mapping Used in Another Florida Death Penalty Case

Terry Lenamon fought long and hard to get QEEG Brain Mapping introduced as evidence in the death penalty trial of Grady Nelson last fall. The QEEG evidence was introduced. The judge sentenced Grady Nelson not to a sentence of death,...

Terry Lenamon Interview Re Miami's Nubia Barahona Murder Case

This week, Terry Lenamon was interviewed by Ana M. Valdes of the Palm Beach Post for his expert opinion as a death-qualified criminal defense attorney regarding the Jorge and Carmen Barahona murder trial, now that the prosecution has announced that...

Use of DSM in the Law: the Doctors Need to Recognize this Reality in DSM-V

Mental health professionals and those dealing with mental health issues are well aware of the Diagnostic and Statistical Manual of Mental Disorders (DSM). It is used everyday in the law, as well, and you can find a copy on most...

Florida Capital Resource Center's First Amicus Brief - Victory Allows Mitigation Specialist in Death Penalty Case

As the Florida Capital Resource Center grows, stories like this will become more commonplace - but today, it's a major victory we're celebrating since the First District Court of Appeals has ruled in favor of allowing additional mitigation expertise in...

I Am Honored to Accept Invitation to Speak at Vanderbilt Law School by Professor Owen Jones

More great news to share with you all: I'm honored to have been invited to speak by Professor Owen D. Jones, who teaches a class at Vanderbilt Law School on Law and the Brain and is working with several of...

QEEG Brain Mapping Evidence and Mitigation in South Florida's Grady Nelson Trial

Last week, the jury returned its recommendation in the Grady Nelson trial, after spending only one hour deliberating whether or not they would vote for the death penalty. They did not. A Horrific Tragedy in 2005 Grady Nelson, 53, did...

Cheshire Connecticut Home Invasion Trial Penalty Phase - Demonstration of How Mitigation Factors Play Out Under Connecticut Law

Coming as no surprise to anyone following this case, Steven J. Hayes has been found guilty of capital murder in the Cheshire Connecticut home invasion case where Jennifer Hawke-Petit and her two daughters, Michaela and Hayley, died leaving only surviving...

TV and the Death Penalty: This Week, Watch FRONTLINE's Death by Fire and NatGeo's Death Row Texas

After posting on CNN.com's interview of Texas Death Row's Hank Skinner earlier this week, readers wrote to let us know about more television coverage of Death Row and Death Penalty issues this fall. Which is great news. The more public...

Another Example of the Florida Indigent Defense Budget Crisis: Robert Dunn Discovery Needs

Over in Lee County, Robert Dunn has been arrested for the crime of shooting and killing his wife, Christine Lozier-Dunn, inside of a Cape Coral, Florida, daycare center, Bobbie Noonan's Child Care, on January 25, 2008. He's facing trial for...

Virginia Will Execute Teresa Lewis Tonight Absent a Miracle, My Comments to the Palm Beach Post

Virginia Death Row inmate Teresa Lewis, 41, has ordered her Last Meal: fried chicken, sweet peas, and either German chocolate cake or apple pie for dessert, along with a Dr.Pepper. Despite the efforts of lots of folk - including author...

Timothy O'Reilly Trial Hits Penalty Phase This Week in Michigan's Federal Death Penalty Trial

News coverage of Timothy O'Reilly's murder trial this week is providing an example of what occurs during the penalty phase of a death penalty case, specifically one in the federal system, as the Detroit federal courtroom hears testimony from both...

Dear Pavan -- My Letter to a British Student about the American Death Penalty

Recently, I received a very nice letter from a student in Great Britain who was studying capital punishment - specifically, the American Death Penalty. She asked my take on things, generally speaking, and I was honored by the query and...

Mitigation Specialists Play a Vital Role In Death Penalty Defense

Failure to include a "mitigation specialist" in a death penalty case is arguably per se ineffective assistance of counsel, violating the defendant’s rights under both the Sixth and Eighth Constitution according to the United States Supreme Court. See Strickland v....

Mercy Shown by the U.S. Supreme Court to Juvies This Week

Mercy is the bottom line in a death penalty defense case, from the perspective of the sentencing phase of a case. Mercy -- that elusive concept. So elusive, in fact, that the law has seen fit to have legislatures basically...

ABA Will Study Missouri's Death Penalty Process

The American Bar Association has announced it will be studying how the state of Missouri implements capital punishment - and the study should be pretty thorough. It's expected that the ABA Committee will delve into DNA evidence issues, indigent defense...

What is the Actual Cost Involved in the Indigent Defense of a Capital Case?

The constitutional right to counsel for those who cannot afford their own lawyer means that the government foots the bill for the defendant’s legal counsel. This is true for a great many criminal cases (and the expansion of the right...

Florida Capital Resource Center Website Is Up and Running

The Florida Capital Resource Center is non-profit and nonpartisan. Its goal is to assist attorneys throughout Florida who are representing indigent defendants facing the possibility of capital punishment. At the Florida Capital Resource Center, resources will be continually compiled by...

Kemar Johnston Jury Verdict - No to the Death Penalty

Yesterday, the jury came back in the Kemar Johnston case. They had already found Mr. Johnston guilty of murder, now they were deliberating whether or not Kemar Johnston should die as punishment for the crime. The jury recommended life in...

Services

Lenamon Law brings clients more than 70 years experience, having tried hundreds of jury trials, including eight death penalty cases brought to verdict. Lenamon Law was founded by a Board Certified AV-Preeminent trial attorney, who is nationally recognized for his...

About Terry Lenamon

Terence M. Lenamon is a Florida Bar board-certified expert in the area of criminal trial law. He is AV-Preeminent™ rated and has over 20 years’ experience with more than 120 jury trials. Mr. Lenamon has built a reputation as one...

The Checklist for Death Penalty Qualified Criminal Defense Attorneys in Florida

So far, we have three posts (03/27/09; 04/16/09; 04/20/09) that deal with the role of a judge - at both the trial and appellate levels - in a death penalty case. There's a lot more to consider about the impact...

Update - 1: the FACDL (Florida Association of Criminal Defense Lawyers) Death Is Different 15th Annual Death Penalty Seminar

FACDL Death Penalty Seminar, Day 1: This weekend, I am attending the Florida Association of Criminal Defense Lawyer's 15th Annual Death Penalty Seminar. This is an annual event that I have often attended since its inception. It is an opportunity...

Terry Lenamon: Why I decided to have a blog

Welcome to my new blog. I've been practicing criminal law for a long time, and my schedule has been so busy that it's been a while since I took time to think about why I do what I do. Launching...

 
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