Another F(6) reversal by the Arizona Supreme Court! 2010-06-22 State v. Lynch
Archive for June, 2010
In Hill v. Schofield, the 11th Circuit Court of Appeals determined that Georgia law placed an unconstitutional burden of proof on defendants to prove mental retardation. Georgia is the only state in the U.S. to require a defendant to prove mental retardation beyond a reasonable doubt. Arizona is one of only four states that requires a defendant to prove his mental retardation by clear and convincing evidence. Read the opinion below.
The Arizona Supreme Court has reversed the death sentence of Aaron Gunches and remanded for a new sentencing hearing. The Court determined there was insufficient evidence to support the jury’s finding of the (F)(6) aggravator. Congratulations to Mr. Gunches and his counsel.
Another death sentence affirmed by the Arizona Supreme Court. 2010-06-14 State v. Hargrave
The 15th Annual National Habeas Corpus Seminar is being held from August 26-29, 2010 in Cleveland, OH. Training announcement and financial aid application are attached. This is an excellent capital defense seminar, particularly for those attorneys handling or planning to handle state postconviction cases.
The U.S. Supreme Court announces that equitable tolling applies to AEDPA’s statute of limitations, 28 USC 2244.
