Click to view State Information
1st CIRCUIT
United States v. Sampson, No. 04-6001, 2007 WL 1393742 (1st Cir. 2007).
Discussion of capital cases jurisprudence as part of first review by the First Circuit of a death sentence imposed by a federal judge. http://www.ca1.uscourts.gov/pdf.opinions/04-6001-01A.pdf
[return to top]
2nd CIRCUIT
Content to come
[return to top]
3rd CIRCUIT
Holloway v. Horn, 355 F.3d 707 (3d Cir. 2004) [Westlaw] [Findlaw]
Pennsylvania
Defendant established prima facie Batson case.
Rompilla v. Horn, 355 F.3d 233 (3rd Cir. 2004), rehearing denied, 359 F.3d 310 (3rd Cir. Feb. 25, 2004) [Westlaw] [Findlaw]
Pennsylvania
Investigation and presentation of mitigating evidence.
[return to top]
4th CIRCUIT
Humphries v. Ozmint, 397 F.3d 206 (4th Cir. 2005) [Westlaw] [Findlaw]
South Carolina – victim impact panel & closing arguments
Vacating prior panel opinion, 366 F.3d 266, following grant of petition for rehearing en banc, the Court of Appeals, the court held that:(1) determination by the South Carolina Supreme Court, in rejecting due process claim which was based upon prosecutor's detailed comparison of lives of capital murder defendant and his victim during closing argument at penalty phase of case, that this comparison did not affect fundamental fairness of capital sentencing procedure, did not represent unreasonable application of U.S. Supreme Court precedent, such as might warrant grant of federal habeas relief;(2) state law claims are not cognizable on federal habeas review; and (3) South Carolina Supreme Court reasonably interpreted federal law to find that admission of victim impact evidence did not violate capital murder defendant's due process right to fair trial, notwithstanding state's alleged failure to provide defendant with adequate advance notice of its intent to introduce such evidence.
Allen v. Lee, 366 F.3d 319 (4th Cir. 2004), rehearing denied, 370 F.3d 402 (4th Cir. June 4, 2004) [Westlaw] [Findlaw]
North Carolina
Court's McKay instruction regarding unanimity of jury's sentencing decision was not harmless error.
Wilson v. Ozmint, 352 F.3d 847 (4th Cir. 2003), modified, 357 F.3d 461 (4th Cir. 2004), cert. denied 124 S.Ct. 2879 (2004) [Westlaw] [Findlaw]
South Carolina
Plea to first degree murder of "guilty but mentally ill."
[return to top]
5th CIRCUIT
Morrow v. Dretke, 367 F.3d 309 (5th Cir. 2004), cert. denied 125 S.Ct. 421 (2004) [Westlaw] [Findlaw]
Texas
Brady issues.
Riley v. Dretke, 362 F.3d 302 (5th Cir. 2004), cert. denied 125 S.Ct. 866 (2005) [Westlaw] [Findlaw]
Texas
Funds/investigation regarding evidence of Defendant's mental retardation.
Busby v. Dretke, 359 F.3d 708 (5th Cir. 2004), cert. denied, 124 S.Ct. 2812 (2004) [Westlaw] [Findlaw]
Texas
Defendant was not entitled to change of venue by mere reason of pretrial press coverage.
Roberts v. Dretke, 356 F.3d 632 (5th Cir. 2004), cert. denied 125 S.Ct. 1726 (2005) [Westlaw] [Findlaw]
Texas
Mental illness as mitigating circumstance.
[return to top]
6th CIRCUIT
Workman v. Bredesen, No. 07-5562, 2007 WL 1311330 (6th Cir. 2007).
A panel of the Sixth Circuit voted 2-1 to vacate the stay granted by a district court judge of Philip Workman’s execution. Workman’s execution had been halted due to concerns about Tennessee’s revised execution method. http://www.ca6.uscourts.gov/opinions.pdf/07a0162p-06.pdf (pdf file)
Hamblin v. Mitchell, 354 F.3d 482 (6th Cir. 2003), rehearing en banc denied, March 15, 2004 [Westlaw] [Findlaw]
Ohio
Trial counsel was ineffective for failing to develop and present mitigation evidence in the form of Defendant's unstable and deprived childhood and Defendant's psychological problems.
Warren v. Lewis, 365 F.3d 529 (6th Cir. 2004) [Westlaw] [Findlaw]
Tennessee
Due Process did not require trial court to hold competency hearing before allowing Defendant to plead guilty.
[return to top]
7th CIRCUIT
Henderson v. Briley, 354 F.3d 907 (7th Cir. 2004), cert. denied 124 S.Ct. 2912 (2004) [Westlaw] [Findlaw]
Illinois
Assessment of Batson claim.
[return to top]
8th CIRCUIT
Brown v. Luebbers, 371 F.3d 458 (8th Circuit, 2004), cert, denied 125 S.Ct. 1397 (2005) [Westlaw] [Findlaw]
Missouri
Trial court affirmed. The exclusion from penalty phase of murder trial of letter from petitioner's younger brother did not constitute a due process violation warranting habeas relief.
[return to top]
9th CIRCUIT
Ninth Circuit Capital Punishment Handbook
Jackson v. Giurbino, 364 F.3d 1002 (9th Cir. 2004) [Westlaw]
California
Miranda error was not harmless.
[return to top]
10th CIRCUIT
Cargle v. Mullin, 317 F.3d 1196 (10th Cir. 2003) [Westlaw] [Findlaw]
Oklahoma
Death sentence vacated as a result of counsel's ineffectiveness and cumulative errors (including prosecutorial misconduct) during guilt and penalty phases. Case also discusses admission of victim impact statements and photos depicting murder victims.
[return to top]
11th CIRCUIT
Content to come
[return to top]
|
