Death Penalty - Federal

Yesterday, former Harvard Law School dean Elena Kagan began answering questions from members of the Senate Judiciary Committee as confirmation hearings started on her nomination to the United States Supreme Court. 

Elena Kagan is young at 50 years old and her presence on the High Court could impact the law of the land for several

There are some pretty tough death penalty defense lawyers over in Ohio and they are really showing there stuff right now, charging out of the gate here at the beginning of the new year with strong challenges to Ohio’s practice of capital punishment.

Recap – Death Penalty in Ohio for the Past Six Months

As you’ll recall

All this morning, there have been almost minute by minute updates on the web regarding whether or not the appellate attorneys feverishly fighting to stop this morning’s execution of Kenneth Biros by the State of Ohio will be successful.  Biros’ attorneys are literally banging on the doors of the United States Supreme Court, asking that

Perhaps discussion of the November 30, 2009, opinion by the United States Supreme Court in Porter v. McCollum (08-10537) is best begun by reading the first paragraph of the opinion itself

Petititioner George Porter is a veteran who was both wounded and decorated for his active participation in two major engagements during the Korean

Representing clients facing the sentence of dying by the government’s hand for crimes they have allegedly committed is what I do.  And, while I represent clients in both phases of a death penalty case, I am particularly known for my work in representing defendants during the sentencing phase. 

So, I’m watching Wood v. Allen with particular interest as it winds its way through review by the highest court in the land.

By way of background, a man named Holly Wood was convicted in an Alabama court of killing his girlfriend.   He was sentenced to die for this act.  Mr. Wood was represented by defense counsel, and Mr. Wood is now arguing that he received ineffective assistance of counsel at the trial because one of his trial lawyers failed to introduce key evidence during the sentencing phase of the trial. 

What was that crucial evidence?  It was evidence of a mitigating factor to be considered in Mr. Wood’s sentencing — that he was mentally retarded. 

Holly Wood had three lawyers during the trial, but like many death penalty cases the defense duties were divided, and it’s uncontested here that the lawyer responsible for the sentencing phase of the case was a novice.   And here is where things get complicated.

As Mr. Wood’s case manuevered through the waters of the state appellate process, his appellate counsel argued that this novice attorney did not provide adequate representation — and all the state reviewing courts failed to agree.  Instead, they held that Wood’s more experienced counsel intentionally withheld the mental retardation evidence as part of their overall trial strategy. 

Entering the federal appellate system under a writ for habeas corpus under the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal district court went Wood’s way and the Eleventh Circuit Court of Appeals reversed, opining that that the AEDPA limits review to “…whether there is evidence to support the state courts’ findings” and the Alabama court’s fact finding was reasonable since Wood failed to show that the defense decision not to present the evidence was not strategic.   Of course, there was a strong dissent which wisely pointed out that the Eleventh Circuit opinion was based upon nothing but “pure speculation” that not presenting key mitigating evidence was a “strategic decision.”
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At this point, it’s pretty late in the legal game for John Muhammad, known as The Washington Sniper.  Tried and sentenced to death for the killing of Dean Meyers, the victim of a sniper’s bullet at a Manassas, Virginia gas station in 2002, Muhammad has already exhausted appellate avenues aside from the United States