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, and unworn item (including handmade items) in the original packaging (such as ... 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.
- Nike Air Foamposite One NRG Galaxy Size 12 With Receipt 100% Authentic Perfect
- NIKE MARXMAN 832764 003 LIGHT BONE GREY SAIL WHITE-TOTAL CRIMSON orange -FASHION
- Nike Little Posite One (GS) Concord Black White Game foamposite 644791-002 SZ 6Y
- Nike Air Force 1 Utility QS OBJ “Odell Beckham”
- Nike Jordan Retro 11 Win Like 96 378037-623, Size 10
- Nike SB portmore ii SLR M CNVS
- Adidas Originals Women's Gazelle Sneakers Size 5 to 10 us BA9599
- New Balance 574 White gold Navy bluee Grey Fresh Foam Sz 10.5 MS574EDD
- Sophia Webster By Puma Women's bluee Suede Sneakers Size 10 New In Box
- Nike Flyknit Racer Turquoise Mens 10.5
- Nike Air Max 270 Mens size 7- Women's size 8.5
- Adidas Originals Stan Smith AQ2729 Power Re Leather tennis low club 75
- Adidas by Stella McCartney Women Running Coarse sneakers Diorite Adizero 9.5US
- New Balance Men's 580 Elite Revlite shoes NEW AUTHENTIC Grey MRT580GY
- Vans A16u VANS unisex sneakers high 18IJV1 SK8-HI SLIM (RIVETS)
- Nike Off White The TEN Zoom Fly Tulip Racer Pink AJ4588-600 8-10.5 Virgil Abloh
- Nike Zoom Kiger 4 orange Teal Men's Trail Running Size 10 New in Box 880563 800
- Nike Dualtone Premium Racer Grey White Men Sneakers 924448-001 Size 9.5,10 shoes
- Nike SB Zoom Dunk High TR QS BRED Rivals Men Size 12 (AJ7730-001) DS
- DS Nike Lebron XII 12 NSRL Hyper Turq metallic Grey orng blk Size 10 684593-301
- Nike Shox Gravity Mens Running shoes AR1999 003 Multiple Size Black Gorge Green
- Nike Zoom TJ Elite Mens bluee Triple Jump Track Spikes 12.5 705394-413
- 2001 OG ADIDAS THE KOBE 1 ALL-STAR ICE blueE GRAPHITE GREY BLACK CRAZY 668414 9
- Adidas Originals Yung-1 Grey Royal Men Lifestyle Sneakers New Fashion gym CG7127
- Nike Sb Ms Pacman Rare Grail Ds 11.5
- Nike Lunarcharge Premium Light Bone 923281-002 US 8-10 Summit White Pale Grey
- Nike Flyknit Lunar3 iD Multi-color SZ 8.5 ( 718675-046 )
- Adidas Ultraboost X shoes Women's Running
- New Balance 990v4 Men's Running shoes M990BB4 - Black Black
- Asics Gel-Torrance Black Grey White Men Running shoes Sneakers 1021A049-001
- Rare 2005 NIKE AIR MAX 1 No Liner NL Premium size US 9 grey red
- Nike Air Jordan retro 4 pure money all white chrome size 14
- Nike Dunk High Pro SB Steel Reserve Metallic Silver Black Red Mens Sz 7
- CLEAN Nike Lunar Force 1 Reflect orange Grey Black Size 11 616774-700 Wheat gold
- ADIDAS ADO ULTRA BOOST ZG DAY ONE LIGHT BROWN OFF WHITE BLACK CREAM CG3735 10.5
- ADIDAS ORIGINALS PW PHARRELL WILLIAMS TENNIS HU SHOES INK BLACK MENS BY2671 NEW
- ADIDAS Attitude SNEAKERS Ankle Boots Unisex TREFOIL Snakeskin Grey
- Nike Zoom Vaporfly 4% Flyknit Gyakusou Team Red US 13 AV7998-600 Run
- Nike 852930 Mens Metcon DSX Flyknit Cross Training Running shoes Sneakers
- NIKE HYPERIZE ALL STAR WEST 2010 RED SIZE 11
- 2018 Nike Air Jordan 3 Retro size 14. Chlgoldphyll. Grey Green Sail. 136064-006.
- Nike Kyrie 3 III EP Finals White gold Size 9. 852395-902 jordan kobe
- Nike Lunar Edge Running shoes SZ 15 553682-600 Free Shipping To US
- Puma California Coogi Multi Men's shoes bluee Atoll Puma Black 367973-01 Mens 7.5
- [asics] GEL-QUANTUM 360 KNIT 2 Silver Men's Running shoes 1021A121.020
- 1 of 4
- next ›