On June 19, 2018, the Department of Justice sent ato Texas Attorney General Ken Paxton requesting answers to questions about Texas' pending request for certification for purposes of obtaining the benefits of Chapter 154 of Title 28. The questions were based largely on comments submitted in response to the Texas application. There is no specific due date for the response.
On March 20, 2018, the Supreme Court granted a stay of execution to Missouri death row inmate Russell Bucklew pending the disposition of his certiorari petition. The Chief Justice and Justices Thomas, Alito and Gorsuch would have denied the stay application. Bucklew's cert petition raises the following questions: (1) Should a court evaluating an as-applied challenge to a state’s method of execution based on an inmate’s rare and severe medical condition assume that medical personnel are competent to manage his condition and that the procedure will go as intended? (2) Must evidence comparing a state’s
On March 21, 2018, the Supreme Court issued its decision in Ayestas v. Davis, 584 U.S. ___ (March 21, 2018). This case concerns the denial of funding to a habeas petitioner. The Supreme Court assumes, without deciding, that a COA is required to appeal the denial of funds and finds that the rule applied by the district court in denying funding was not only debatable but actually erroneous. It further finds that the district court’s ruling on the funding request was not an administrative decision such that the court of appeals and the Supreme Court lacked jurisdiction to hear the appeal. Turning to the merits, the Supreme Court held that the lower courts applied the wrong legal standard when denying petitioner funds under 18 U.S.C. §3599(f). The statute authorizes funding that is “reasonably necessary” for the representation of an applicant. The Fifth Circuit’s requirement that an applicant establish a “substantial need” for the funding was arguably more demanding than the statute requires. The Fifth Circuit exacerbated the problem by invoking precedent that a habeas petitioner seeking funding must present “a viable constitutional claim that is not procedurally barred.” This precedent is too restrictive
On February 23, 2018, a complaint and request for injunctive relief was filed in the United States District Court for the District of Columbia, Texas Defender Service, et al. v. Sessions, et al., 1:18-cv-00426-RBW. This action under the Administrative Procedure Act,, 5 U.S.C. §§
551-59, 701-06, seeks injunctive and other relief to set aside the Final Rule regarding Certification Process For State Capital Counsel System, 78 Fed. Reg. 58,160-01 (Sept. 23, 2013), issued by the Department of Justice. Various comments challenging the applications of Arizona and Texas seeking certification as compliant with Chapter 154 have been submitted to the Department of Justice.
On February 26, 2018, the United States Supreme Court granted certiorari review in Madison v. Alabama, 17-7505.
The preamble to the questions presented explains: On January 25, 2018, the State seeks for the second time to execute Vernon Madison, a 67-year-old man who has been on Alabama’s death row for over 30 years. Mr. Madison suffers from vascular dementia as a result of multiple serious strokes in the last two years, and no longer has a memory of the commission of the crime for which he is to be executed. His mind and body are failing: he suffers from encephalomacia (dead brain tissue), small vesselischemia, speaks in a dysarthric or slurred manner, is legally blind, can no longer walk independently, and has urinary incontinence as a consequence of damage to his brain.
New with box: A brand-new, unused, unworn and undamaged item in its original packaging (such as the original box ... Read moreabout the condition
|Upper Material:||Leather||Main Colour:||Tan|
|MPN:||Does not apply|
On November 16, 2017, the Fourth Circuit Court of Appeals reversed the district court's denial of relief on Virginia death row inmate Anthony Juniper's Brady claim and remanded for an evidentiary hearing. Juniper v. Zook, ___ F.3d ___ (4th Cir. Nov.
On November 16, 2017, the Department of Justice published in the Federal Register a notice advising the public that the State of Arizona has by the Attorney General and that public comments may be submitted to the Department of Justice regarding Arizona's request. Also on November 16, 2017, the Department of Jusice published in the Federal Register a
In Kirkpatrick v. Chappell, ___ F.3d ___ (9th Cir. Oct. 10. 2017), the majority of a three-judge panel reversed the district court's ruling that certain claims in William Kirkpatrick's federal habeas petition were unexhausted and, therefore, subject to dismissal.
In a pre-AEDPA case, Eric Kimble received habeas relief, on a claim, inter alia, of ineffective assistance of counsel at the penalty phase of Kimble's capital trial. , 2:90-cv-04826-SVW (Order Granting in Part Petition for Writ of Habeas Corpus - June 19, 2017).
We have new software for capdefnet.org that we believe will improve the usefulness of the site to the capital defense community. Please bear with us as we work through the glitches. Persons who had accounts for HAT's secure page should have received instructions for obtaining a password using the new software. Apologies for the lack of advance warnings. Please report any problems or concerns to Wendy Peoples.
- Ted Baker Women's Immep Ballet Flats. Floral, Oriental Blossom Print. Size 5
- Womens Leather Slip On Pumps Low Top Bridesmaid Pointed Toe Bowknot Decor shoes
- Gentle Souls Womens Ottie Flat Sandal- Pick SZ color.
- 82934 Décolleté Made in Italia GRETA women black 82934
- Reebok - Rapide MU Skull Grey White Navy Sneaker Sportschuhe
- Rush by Gordon Men's Britton Chelsea Boot, - Choose SZ color
- Florsheim Men's Medfield Plain Toe Zip Boot Fashion - Choose SZ color
- Dan Post Brown Leather Boho Ankle PointedToe Cowgirl Ankle Boots Size 7
- I3526 VICINI BLACK PUMPS SLIP 7.5 37.5
- Loeffler Randall Women's Elayna Ankle Tie High Heel Sandal (Leather Rhinestones)
- 2Set Size 9 Limited Dragon Ball Z x Adidas YUNG 1 DB Freeza & ZX500 RM Gokou
- Adidas x Kinfolk Consortium Ultra Boost pk Dark Indigo Size 7-11 Mens New BB9520
- BOBS from Skechers 31227 Womens Cherish Sleigh Ride Slipper- Choose SZ color.
- CLARKS Women's Adya Bella Ankle Bootie
- END. X BODEGA X ADIDAS CONSORTIUM HAVEN OFF WHITE & blueE
- Ivanka Trump Oasia2 Ankle-Strap Pumps, Light Pink, 6.5 UK
- LUXUS PRADA AMERICAS CUP SNEAKER SCHUHE 4E2905 grey NEU 9 43 43,5
- NEW 295 VIA SPIGA Darina Black Suede Ankle Boots Sz 9 M
- Nike Air Max 95 Women's Uk5.5 olive palm green Supreme Condition Boys Khaki 2016
- PUMA Women's Asha Lace NM Sneaker,Black Electric Green,9 B US
- SELECTED Bota Hombre 41 42 43 EU 8 9 10 US 7 8 9 UK SE07 T3G
- Trippen Sandal Zen F Toe Wrap Slide Germany US 8 E 40 Leather Wood bluee Metallic
- Adidas Matchcourt x Helas White Green orange Sz 10 BY4535
- Asics Gel Exite 6 A1012A150400 dunkelblue
- shoes EXTON Homme black Cuir naturel 9435NE
- Converse x John Varvatos Chuck Taylor Tornado Zip Hi Sneaker Suede BLACK 151282C
- FREEBIRD BY STEVEN NEST BROWN MUTI SANDALS SZ10 Will Fit SZ 11 NIB RARE
- Katy Perry The Celina, Zapatilla D'Orsay womenes, Punta Picuda
- Mens Handmade shoes Black Patent Leather Oxford Brogue Wingtip Lace-Up Boots New
- New Handmade men black embroidered loafer velvet shoes, Men black velvet loafer
- OLD GRINGO PEE WEE SHORTY 10 B SNIP TOE KILLER STITCH DIEGO SIENNA GREEN BROWN
- 9754-31850 V 1969 Italia Womens Heeled Ballerina Lilla 39 IT - 9 US
- Authentic Adidas Original Nmd R1 Raw Pink Uk5 EU 38
- Clarks Northam Step Men's Black Leather Casual Loafer shoes 26138404
- ECCO Men's Biom Venture Ventilated Hiking shoes
- Rockport Men's Marshall Plain Toe Oxford Cognac Leather Plain Toe shoes
- Sperry Men's size 8m gold Cup Nautical 2-eye boat shoe in Dark Tan, NIB
- W-1761137 New Balenciaga White Leather Weaved Panels Rubber Sole Size 40 US
- GEOX LENILLA D NAPLACK-BLACK chelsea promotion d540md
- Labrador Retriever On Red-Women's Running shoes-Free Shipping
- Wave Inspire 11 Womens Running shoes (B) (405)
- NIB NEW Men's Frye Woodson Hiker Leather Hiking Boots shoes Indigo
- Paul & Joe diggy suede Navy NEUVE Valeur 220E Pointures 40(7),42.5(8.5).
- Sam Edelman Jeanie Black Suede Leather Boots 7.5M
- STELLA McCARTNEY MACY SNEAKERS SHOES 40 UK 8
- Women Round Toe High Stiletto Heel Lace Up Platform Over The Knee Boot Leather Y
- Women’s Dr.martens 14eye Zip Size 6.5
- Adidas Xplr BY9260 black halbschuhe
- Cheaney Made In England Clara Chelsea Womens Boots - Burnished Mocha All Sizes
- Florsheim Imperial Black Caiman Alligator Leather Tassel Loafers shoes Mens 12 D
- LAUREN RALPH LAUREN womens Delsa Taupe Burnished leather riding boot 9.5B
- New Mens Bugatti Black 34133 Leather Boots Lace Up
- Pacific Mountain Moraine Women's Hiking Backpacking Trail Ankle Boot US 7
- Skechers USA Larson-Havon Men's Oxford
- Stuart Weitzman 'Elevated' Over the Knee Boot Black Suede SZ 9.5M
- 1 of 4
- next ›