The Arizona Supreme Court issued its opinion in a special action this morning regarding the victims’ right to be present at ex parte proceedings. The Court vacated the Court of Appeals’ decision, which held that victims do have the right, pursuant to Arizona’s Victims Bill of Rights, to be present at ex parte proceedings where the defendant has the right to be present. The Arizona Supreme Court determined that the proceeding in question was purely procedural, and, therefore, neither the defendant nor the victims had the right to be present. Natman Schaye of the Arizona Capital Representation Project appeared as Amicus on behalf of the Project and numerous capital resource centers and other indigent defense groups.
Archive for April, 2011
The Supreme Court has granted a stay of execution for Cleve Foster, a Texas death row inmate, pending the disposition of the petition for rehearing of the Court’s order denying cert in January. Mr. Foster had raised the issue of the constitutional adequacy of state post-conviction counsel.
The Supreme Court has granted a stay of execution for Daniel Wayne Cook, scheduled to be executed tomorrow. The stay was granted to allow consideration of Mr. Cook’s pending cert petition on the issue of whether a defendant has the right to effective assistance of post-conviction counsel under the Sixth and Fourteenth Amendments to the U.S. Constitution.
