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
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)
- VICINI DAMEN HIGH HEELS PUMPS FREIZEITSCHUHE STILETTO LACK ART. C90089 FEHLER
- Adidas x Neighborhood Men Superstar Shelltoe (black lbone) M25785
- BODEN Black Burgundy GENUINE LEATHER SUEDE Zip Kneehigh BOOTS US 9 ITALY EUR 40
- CONVERSE Chuck Taylor All Star Ember Suede 557934C Sneakers shoes Boots Womens
- FINN COMFORT Cremona Pantolette silver Cervino Neuware
- Jordan AJ Future Low Men's Black Black Black 18948002
- M by Bruno Magli two tone Ballet Flat made in ITALY MSRP 335
- NEW AIR JORDAN 6 SOCIAL STATUS BLACK CAT AR2257-005 Sz 8 Basketball shoes Supreme
- Nike Air Max Guile Prem Mens Running Trainers 916770 Sneakers shoes 002
- RABOKIGOSHI shoes 914076 Brown 23.5ｃｍ
- shoes VANS men Sneakers black Scamosciato VA3JETK8U
- Tory Burch Knotted Scallop Wedge Slide in Perfect Black
- Adidas Duramo 7, Men's Running shoes
- Armani Jeans AJ shoes Sneaker Leather Man bluees 9350287A421 44135 NWT
- CHAUSSURE MOCASSIN ALDEN A PAMPILLE DAIM 10 44 EXCELLENT ETAT MEN'S SHOES
- Converse shoes Ladies Size 38, color bluee
- Fred de La Bretoniere Ankle-Strap Sandal 153010082 Black Beige
- Kaitlyn Pan Women's Microsuede Flat Heel Over The Knee Thigh High Boots
- Mens Grenson Nevada Moccasin Formal shoes
- New Florsheim Imperial Como 10 A Burgundy Cordovan Red NWOB
- Oasis Nevis - Men's Full Grain Leather Extra-Depth Diabetic shoes - New in Box
- ADIDAS 00-BHZF2GDD-ZZ adidas Adizero Ubersonic 3.0 shoes Mens TennisCore
- AZ834 PHILIPPE MODEL shoes green brown gamuza cuero women sneakers EU 37,EU
- Clarks Womens Amberlee Crest Oxford- Select SZ color.
- ECCO Women's Sense Elastic Toggle Fashion Sneaker
- Roman Mens Real Leather Non-Slip Flat Heel Slip on Casual Beach Retro Slippers
- Stacy Adams men Anlassschuhe blue Groesse 8.5 US 42 EU
- WMNS NIKE AIR MAX + 2013 CLUB PINK-REFLECTIVE SILVER SZ 8.5
- Fred Perry Haydon Mids shoes Punk Oi MOD Doc Marten Ben Sherman Merc
- Josef Seibel Black Leather Mary Jane shoes Size 42
- Men's Nike Trainers Lunar Force 1 Black (AirForce LF1) Duckboot '17 UK8 - Last 1
- NEW MENS SIZE 14 D REDWING IRISH SETTER RAVINE HUNT BOOTS WATERPROOF
- Nine West Women's Dallerly Synthetic Heeled Sandal - Choose SZ color
- Robert Clergerie Abricet Denim High Heel Slide Sandals 495 Size 6.5 E4 31 New
- Skechers Women's Ultra Flex Capsule Sneaker
- Vans SK8-Hi Reissue Black Pale Pink True White Leather Flannel Women's A2XSBUP8
- Wolverine Men's W06684 Ingham Boot - Choose SZ color
- ADIDAS SAMBApink W SCHOENEN VROUW D96769 SNKRSROOM TRIBES ADIDAS SAMBApink COMFO
- CELINE shoes 362090 BlackｘMulticolor 36 1 2
- women Easy Spirit shoes Loafer color black Black Black Leather size 37.
- Ladies Designer Dark Tan Leather shoes Size 3(36)
- New In Box 110 Kendrick Lamar x Reebok Club C Size 9 NIB
- NWB Australia LUXE Foxy Shearling Short Boot in Iris FSH203AG21
- SHOES WOMAN NEW BALANCE 840 CLASSICS WL840PB
- Steve Madden Hansil Harness Over Knee Boot Taupe Suede Sz 9.5 NIB
- 1 of 4
- next ›