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.
Evidence growing that Arizona prosecutors treat victims differently according to their views on the death penalty. Read more here.
In the capital trial of Stephen DeMocker, currently underway in Prescott, prosecutors drop the death penalty at the conclusion of voir dire. Mr. DeMocker is accused of killing his former wife, Carol Kennedy. The surviving victims, including Mr. DeMocker’s two daughters and Kennedy’s other relatives, opposed the death penalty. Read more here.
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.
Judge Nancy Gertner, of the United States District Court for the District of Massachusetts, has ordered defense counsel and prosecutors not to presume forensic evidence, including fingerprints, will be admissible in court. The order was based on the National Academy of Sciences 2009 report on the lack of reliability in some forensic fields. A Boston Globe article on Judge Gertner’s order can be found here.
Once again, the Court has affirmed a death sentence. You can read the opinion in State v. Cropper here.
