Debate on death appeals starts court year
Article Abstract:
The 1992-1993 US Supreme Court term started with Herrera v Collins, which concerns the constitutionality of executing an innocent man. Former ABA pres Talbot d'Alemberte represented Leonel Herrera, a death row inmate convicted of shooting two policemen, who 10 years after his conviction claims the police withheld evidence and that his late brother Raul was the murderer. This was Herrera's second habeas petition and the state alleged that guilt is determined at the point of trial, not during a habeas corpus review. The court will issue a decision later this year.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Court ok's military death penalty
Article Abstract:
The US Supreme Court's June 1996 upholding of the military's death penalty on appeal by Army Pvt Dwight H Loving may make President Clinton the first modern US President to consider clemency for a military death sentence. Observers question whether anyone understands the procedures involved in seeking the president's approval or executive clemency, as they have gone unused for more than 20 years. Another high court ruling the same day concerned a challenge to a new law restricting reviews of habeas petitions.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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4th Circuit bars PD case work
Article Abstract:
The US Court of Appeals for the 4th Circuit has in its usage of federal public defenders differed from other federal courts, allowing these attorneys to handle capital punishment cases only in trial or later collateral litigation. They cannot handle state death row prisoners in federal habeas actions, and these are most of the prisoners who are sentenced to die. Other courts have not hesitated to use federal public defenders to stem the representation crisis.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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- Abstracts: Mid-atlantic drift; of all the federal appeals courts, the Richmond, Va.-based 4th Circuit has the most conservative reputation
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