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Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case
Loaded on Feb. 14, 2019
by Matthew Clarke
published in Criminal Legal News
March, 2019, page 26
Filed under:
Attorney Misconduct,
Death Penalty/Death Row,
Mental Health.
Locations:
Pennsylvania,
United States of America.
by Matt Clarke
On July 12, 2018, the U.S. Court of Appeals for the Third Circuit ordered that habeas relief be provisionally granted in the case of a Pennsylvania death row prisoner whose attorney failed to sufficiently investigate and present mitigation evidence regarding his abusive childhood and mental health ...
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More from this issue:
- Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
- News in Brief
- Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
- Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
- NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
- $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
- Study: Racial Bias Inherent in the Jury Selection Process, by Kevin Bliss
- Agencies: Bite-mark Forensics Outdated Science, by Kevin Bliss
- Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
- San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
- New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
- Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
- ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
- Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
- Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
- Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard, by Chad Marks
- Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
- Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions, by Edward Lyon
- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
- Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
- Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
- SCOTUS Clarifies Scope of Generic Burglary Under the ACCA, by Richard Resch
- Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
- Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
- Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause, by Douglas Ankney
- Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement, by Douglas Ankney
- Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing, by Christopher Zoukis
- Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case, by Matthew Clarke
- Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation, by Mark Wilson
- Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing, by Matthew Clarke
- Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense, by Richard Resch
- Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment, by David Reutter
- SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act, by Douglas Ankney
- Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop, by Christopher Zoukis
- Louisiana Supreme Court Vacates Conviction for Batson Violation, by Christopher Zoukis
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, by Matthew Clarke
- Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score, by Matthew Clarke
- Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception, by David Reutter
- Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, by Punch & Jurists
- California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional, by Douglas Ankney
- Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases, by Richard Resch
- U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, by Steve Horn
- Cops Are At War Out There, by Jacobin, Brian Platt
- New York Mass Bail Out Action Targets Bail System Manipulation, by Virginia Griese
- From the Editor, by Richard Resch
More from Matthew Clarke:
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, July 15, 2024
- UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law, July 15, 2024
- Federal Watchdog Slams BOP for Sham Accreditations, July 1, 2024
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024
- Ohio Supreme Court Says Prisoner’s ‘Kite’ Is Public Record, But Denies Damages for Withholding It, July 1, 2024
- Forensic Genetic Genealogy: Law Enforcement’s Rapid Adoption Outpacing Adoption of Laws and Ethical Guidelines Regulating Its Use, June 15, 2024
- Report Finds Inaccurate Field Drug Tests Major Cause of Wrongful Convictions, June 15, 2024
- Vermont Court Orders Centurion to Cough Up Records in HRDC Suit, June 1, 2024
- Seventh Circuit: Heck Bars Civil Rights Challenges to Civil Commitment, June 1, 2024
More from these topics:
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024. Alternative Sentencing, Mental Health.
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, July 15, 2024. Alternative Sentencing, Mental Health, Probation, Parole & Supervised Release, Effects of Mass Incarceration.
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024. Injunctions, Death Penalty/Death Row, Death Penalty, Death Row, Cruel and Unusual Punishment, Punishment, Method of Execution, Lethal Injection, Lethal Injection Method of Execution.
- Two Prisoners Removed from Texas Death Row Due to Intellectual Disability, July 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Mental Retardation/Intellectual Disability.
- Atheist Chaplain Attends Atheist Oklahoma Prisoner During Execution, June 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Clergy.
- Families of New Jersey Jail Suicide Victims Still Waiting for Settlement Payouts, May 1, 2024. Attorney Misconduct, Settlements, Suicides.
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024. Death Penalty/Death Row, Death Penalty, Death Row, Failure to Treat (Mental Illness), Mental Health Experts, Post Ake v. Oklahoma, Judgment - Modification of.
- With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole, April 1, 2024. Life without Parole (LWOP), Death Penalty/Death Row.
- Wellpath Held in Contempt in Suit at California Jail, March 1, 2024. California Forensic Medical Group, Medical, Systemic Medical Neglect, Dental Care, Contempt (Civil Procedure), Mental Health.
- Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, Jan. 15, 2024. Mental Health, Polygraph Evidence/Testing, Results of Polygraph Test, Delay in Disclosure.