Arizona Capital Representation Project

ANNUAL THEORY & INTENSE PRACTICE
*
*CAPITAL VOIR DIRE TRAINING
BOULDER, COLORADO
MAY 15 – 17, 2014
*
The program website is here: http://www.nccvd.org <http://www.nccvd.org/> *The application page on the program website is
here: http://www.nccvd.org/application/*

Death penalty voir dire is one of the most difficult yet crucial skills for lawyers to master.

Join the National College of Capital Voir Dire, the Arizona Capital Representation Project, the Office of the Colorado State Public Defender, and the University of Colorado School of Law for this unique hands-on training program.  Participants will work with David Wymore, the originator of this method of capital jury selection, and a faculty of masters of capital voir dire for two and a half days to learn, refine
and master the art and science of death penalty jury selection.

The program teaches the Colorado Method of capital voir dire by using a combination of lecture, demonstration, and small group exercises involving real jurors.  This is the proven method which has nearly emptied Colorado’s death row and saved capital defendants across the country.  Students will learn the core Supreme Court jurisprudence and how to use it to make the judge let you ask what you need to ask. Students will learn and then practice in small groups how to get venire persons to share their views about the death penalty and life imprisonment by stripping away extraneous issues and circumstances, identify and rate strong pro-death and potential life-voting jurors, build and make challenges for cause and protect other jurors from cause challenges, teach life-givers how to get out of the jury room with their vote intact, and teach strong pro-death jurors to respect the decisions of all jurors (including life-giving jurors).

This will be the only national Capital Voir Dire Training in 2014.
Space is limited to 60 capital defense attorneys.  The on-line application requests information about the dates of any pending trials and your legal experience. Please apply early – slots fill up quickly.
If you have any questions about the program please contact Clinical Law Professor Ann England ude.odarolocnull@dnalgne.nnata<mailto:atann.england@colorado.edu>.

The seminar will be held at the University of Colorado Law School, Wolf Law Building, 2450 Kittredge Loop Road, Boulder, Colorado 80309.

The Arizona Supreme Court unanimously affirmed Shawna Forde’s convictions and sentences today, modifying two non-capital sentences to run concurrently. Of note, the Court found two allegations of prosecutorial misconduct in closing arguments–vouching and misstating the evidence–but ruled the misconduct did not constitute fundamental error. Read the opinion here: 2014-01-17 Opinion

The Court affirmed the convictions and death sentence in State v. Miller last week. The opinion is below.

2013-12-27 Opinion

In an amended opinion filed today, the Arizona Supreme Court again affirmed Christopher Payne’s death sentences over (a rare) dissent by Justice Bales. The trial court excluded an entire category of mitigating evidence–Skipper/post-incarceration behavior evidence. Justice Bales would remand for a new penalty hearing pursuant to Lockett. Access the opinion here: 2013-11-21 Amended Opinion

Michael Kiefer of the Arizona Republic has written a series of articles on prosecutorial misconduct in the state. This excellent four-part series can be found here:

http://www.azcentral.com/news/arizona/articles/20131027milke-krone-prosecutors-conduct-day1.html?nclick_check=1

The Ninth Circuit Court of Appeals once again granted relief in Steven James v. Ryan. The Court had previously found that Mr. James was denied constitutionally effective counsel at sentencing. After the James opinion, the Supreme Court decided Johnson v. Williams, which creates a rebuttable presumption that the state court adjudicated a claim on the merits. The Supreme Court remanded Mr. James’s case back to the Ninth Circuit to reconsider in light of Johnson.

Applying the presumption, the Ninth Circuit concluded, once again, that the state court had not adjudicated Mr. James’s claim on the merits, but had instead denied relief on procedural grounds.

2013-10-25 9th Opinion

The 9th Circuit has recently issued several opinions in capital cases.

In Detrich v. Ryan, the Court remanded to the district court for consideration of arguments raised pursuant to Martinez v. Ryan.

In Schurz v. Ryan and McKinney v. Ryan, the Court denied relief.

2013-09-03 Detrich Opinion 2013-09-16 McKinney Opinion 2013-09-12 Schurz Opinion

The Court affirmed the convictions and death sentence in State v. Payne this morning. The opinion is below.

2013-08-21 Direct Appeal Opinion

This morning, the Arizona Supreme Court affirmed the conviction and death sentence in State v. Fitzgerald. The opinion is below.

2013-05-31 Opinion

Earlier this month, the Arizona Court of Appeals denied relief in a special action on an Atkins claim. Judge Eckerstrom writes a lengthy the dissent. The opinion, in State v. Williams, is below.

2013-05-17 Special Action Opinion

On April 15, the Arizona Supreme Court affirmed the convictions and death sentences in State v. Boyston. There is an interesting discussion of the intellectual disability claim (finding Mr. Boyston did not prove ID by preponderance of the evidence or clear and convincing evidence). Also a disturbing affirmance of the trial court’s strike of a death-scrupled juror.

2013-04-15 Opinion