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Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison
Loaded on March 15, 2019
by David Reutter
published in Criminal Legal News
April, 2019, page 20
Filed under:
Appeals,
Habeas Corpus,
Death Penalty/Death Row,
Death Row.
Location:
United States of America.
by David Reutter
The U.S. Court of Appeals for the Fourth Circuit reversed the denial of habeas corpus relief to a death row prisoner. The Court held that where the jury’s only choices were life in prison without parole or death, the exclusion of expert testimony that the defendant “represents ...
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More from this issue:
- News In Brief
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Can Criminal Records Ever Truly Be Expunged in the Internet Era?, by Matthew Clarke
- Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction, by Douglas Ankney
- Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually, by Douglas Ankney
- San Francisco Embraces New Technology to Clear Pot Convictions
- Wisconsin Considers Updating Its Cash Bail System, by Kevin Bliss
- Birth Pangs of Bail Reform Come to Texas, by Edward Lyon
- Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal, by Derek Gilna
- $8.4 Million Combined Settlement Reached by ‘Norfolk Four’, by Douglas Ankney
- Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction, by Matthew Clarke
- Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification, by Matthew Clarke
- Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior, by Douglas Ankney
- Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing, by Matthew Clarke
- Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice, by Mark Wilson
- Death Penalty Usage Trending Downward, Report Reveals, by Betty Nelander
- Tennessee Supreme Court: Attempting to Secretly Videotape Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography, by Douglas Ankney
- Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional, by Douglas Ankney
- Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court, by Kevin Bliss
- Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits, by Derek Gilna
- FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months, by Dale Chappell
- Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform, by Kevin Bliss
- First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive, by Dale Chappell
- Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2), by Dale Chappell
- North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test, by Douglas Ankney
- Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict, by Douglas Ankney
- Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence, by David Reutter
- Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police, by Dale Chappell
- Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release, by Douglas Ankney
- Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC, by Matthew Clarke
- In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States, by Douglas Ankney
- Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error, by Dale Chappell
- Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison, by David Reutter
- Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense, by Chad Marks
- Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons, by Douglas Ankney
- California Police Privacy Laws Have Been Violating Brady for Years, by Mark Wilson
- New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule, by Richard Resch
- N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge, by Douglas Ankney
- NYPD’s Controversial Use of Mugshot Database Searches, by Matthew Clarke
- Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed, by Chad Marks
- Appeals court provides new vehicle to challenge registration, by Larry N.
- The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree., by Ryan Gabrielson
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- Texas Courts, Legislature at Odds over Executing Potentially Innocent Death Row Prisoner, May 1, 2025. Wrongful Conviction, Death Penalty/Death Row, Actual Innocence/Claim of Innocence, Opposition to the Death Penalty, Lethal Injection Method of Execution.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Alabama Governor Commutes Death Sentence, April 1, 2025. Death Penalty/Death Row, Resentencing.
- Ohio Pauses Executions, Louisiana and Arizona Race Ahead, April 1, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- Federal Withdrawal of Single-Drug Execution Protocol Follows Challenges in Indiana, Arizona, March 1, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- Arizona To Resume Executions, Feb. 15, 2025. Death Row, Lethal Injection Method of Execution.
- Tennessee Finalizes New One-Drug Execution Protocol, Feb. 15, 2025. Death Penalty/Death Row, Drugs - Determination of, Lethal Injection Method of Execution.
- Indiana Resumes Executions, Feb. 15, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.