Two trial court wins "kick off "this edition.

The first win is noted by DPIC. "Daniel Wade Moore was acquitted of all charges by a jury in Alabama on May 14. Moore was originally found guilty of the murder and sexual assault of Karen Tipton in 2002. . . A new trial was ordered in 2003 because of evidence withheld by the prosecution. A second trial in 2008 ended in a mistrial with the jury deadlocked at 8-4 for acquittal. " Local media provides an in-depth analysis of the case here.

The second win is a high-profile life verdict. A federal district court in Kentucky Thursday spared Steven D. Green. The jury convicted Mr. Green of rape and murder for crimes committed while on active duty in Iraq. The trial was the first capital trial under a 2000 law allowing federal criminal courts to try crimes committed overseas by former members of the military. Mr Green was represented by Scott Wendelsdorf, Darren Wolff and Patrick Bouldin

Elsewhere, in Florida the state Supreme Court stayed the May 27 execution of David Eugene Johnston to permit DNA testing of the victim's fingernail clippings, which may contain bits of flesh and blood she scratched from her attacker's body, and of Johnston's clothing and shoes. Connecticut's Senate approved at 4am Friday morning a bill prospectively abolishing the death penalty by a vote of 19-17. Troy Davis has sought an original writ of habeas corpus with Supreme Court (here) supported by an amicus brief filed by an array of former prosecutors and judges (here ). In Nebraska, legislation to replace electrocution with lethal injection won preliminary approval in that state's unicameral legislature. In Texas, at least for now, a veto threat has doomed attempts to winnow the application of the so-called law of parties doctrine. Ohio has modified its lethal-injection execution procedures following concerns about whether people being executed were sufficiently sedated prior to the adminstering of pancuronium bromide.

As always thanks for reading. We're off next week. Longer editions & more frequent updates at the daily blog should hopefully return by the end of June. - k


Pending Executions
June
2 Terry Hankins - Tex*
3 Daniel Wilson - Ohio*
3 James A. Dellinger -Tenn*
11 Jack Trawick - Ala*
17 Reginald Clemons - Mo*

Recent Executions
May
14 Donald Gilson - Okla
14 Willie McNair - Ala
19 Michael Lynn Riley - Tex
20 Dennis Skillcorn - Mo

Stayed
May
27 David Eugene Johnston - FL

* "serious" execution date / (s) stay believed likely / (V) Volunteer [Sources include: DPIC, Rick Halperin & press accounts]

(Initial List) Week of May 18, 2009 – In Favor of the Accused or Condemned


Daroyce Lamont Mosley v. Quarterman, No. 07-70045 (5th Cir 5/22/2009) Remand in light of Harbison v. Bell or detttminaion of counsel fees for services delivered during a clemency proceeding.

(Initial List) Week of May 18, 2009 – In Favor of the State or Government

Duane E Owen v. Sec. Dep't of Corr., 2009 U.S. App. LEXIS 10484 (11th Cir 5/18/2009) "Denial of death-row prisoner's petition for habeas relief was affirmed; five of his Sixth Amendment ineffective assistance of counsel claims were procedurally barred because prisoner refused to proceed in good faith at his Fla. R. Crim. P. 3.850 evidentiary hearing; his remaining claims--those that were not procedurally defaulted--lacked merit." [via LexisOne] The Defense Newletter Blog has more.

Anthony Lamarca v. Sec. Dep't of Corr., 2009 U.S. App. LEXIS 10485 (11th Cir 5/19/2009) "Death-row prisoner was denied COA on claim that counsel was ineffective for failing to impeach State witness because prisoner did not put forth evidence to rebut state courts' determinations that counsel made strategic decision to limit his cross-examination of witness and that statements in police report would not have undermined her credibility." [via LexisOne] The Defense Newsletter Blog has more.

People v. Robert Zane Curl, 2009 Cal. LEXIS 4364 (Ca 5/18/2009) "In a capital murder case, the record did not support defendant's claim that an inmate who testified that defendant told him he committed a murder perjured himself when he testified that he had not received any benefits in exchange for his testimony, much less that the prosecutor suborned perjury."
State v. Daniel Wilson, 2009 Ohio App. LEXIS 1970 (Ohio 9th App 5/21/2009) Following a Sixth Circuit decision in his case Mr. Wilson sought to be resentenced asserting that the sole aggravating circumstance in his case had been invalidated. The application for postconviction held to be successive and not meeting an exception to the state's successive petition doctrine. Likewise, the panel holds that the "Sixth Circuit did not decide that Wilson's sentence was void because of an invalid aggravating circumstance."



Week of May 11, 2009 – In Favor of the Accused or Condemned

United States v. David Paul Hammer, 2009 U.S. App. LEXIS 10040 (3rd Cir 5/11/2009) The federal government jumped the gun in filing its appeal as resentencing had to occur before the district court's order was appealable ."The government's appeal was dismissed because until the district court acted, none of the parties to this controversy would have had a final adjudication of his claims by the trial court in these 28 U.S.C.S. § 2255 proceedings. Thus, the government would not be able to show prejudicial error until the district court resentenced defendant." [via LexisOne]
Justin Wolfe v. Johnson, 2009 U.S. App. LEXIS 10042 (4th Cir 5/11/2009) "[W]e vacate [the district court's] disposition of the Brady and Giglio claims, as well as its ruling on the court subpart of the venireman claim. Finally, we remand for a determination of whether an evidentiary hearing and relevant discovery is appropriate; for a resolution of the Schlup issue; for a fresh examination, if warranted, of the Brady claim (and its subparts), the Giglio claim, and the venireman-court subpart; and for such other and further proceedings as may be appropriate."
Week of May 11, 2009 – In Favor of the State or Government


Billy Irick v. Bell, 2009 U.S. App. LEXIS 10121; 2009 FED App. 0168P (6th Cir. 5/12/2009)Relief denied on claims "prosecutors failed to provide defense counsel with a statement of the victim's mother, in violation of Brady v. Maryland, 373 U.S. 83 (1963), ] and that the prosecutor committed misconduct during closing argument in the trial's penalty phase. In a capital habeas matter, the denial of Petitioner's habeas petition is affirmed, where: 1) the state court of appeals was not unreasonable in holding that the prosecution's failure to provide Petitioner with a witness statement was not prejudicial; and 2) the prosecutor's reference to general deterrence was not contrary to clearly established law.
State v. Christopher Browder, 2009 La. LEXIS 457 (La 5/13/2009) Supervisory writ denied where the trial court quashed a subpoena duces tecum for fillers in a photo line up.


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As a reminder, if you find this email useful, feel free to forward it or excerpt it. We prefer attribution, but don't require it. Likewise, we don't charge a subscription fee, but if you find the weekly useful we'd appreciate even a nominal tax deductible donation to one of favorite nonprofits involved in some aspect of the capital punishment issue: Death Penalty Information Center, Fair Trial Initiative, GRACE, Southern Center for Human Rights, Pennsylvanians for Alternatives to the Death Penalty, & Texas Defender Service. These groups were selected as each have demonstrated an ability to make a difference, usually on a shoestring budget, meaning even the smallest donation goes a long way. On each of the above links you're able to donate as little or as much as you want, or even set up a monthly automated giving amount. If there is a group you think should be added please drop us a line. - k

SMALL PRINT
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OPEN RESEARCH DATA: Search terms for the weekly are "capital habeas" or "capital postconviction" or "DEATH PENALTY" OR "CAPITAL MURDER" OR "SENTENCED TO DEATH" OR "PENALTY PHASE" OR "SPECIAL QUESTIONS" or "SENTENCE OF DEATH" OR "DEATH SENTENCE" or "capital punishment" or "witherspoon"- please note, however, the terms "overproduce" results, including all federal habeas corpus opinions.es. Execution and other news information derived from Rick Halperin, DPIC, Steve Hall & media accounts.