SF Cop Killer. David Hill, accused of killing San Francisco Police Officer Isaac Espinoza, pleaded guilty to separate gang allegations, which apparently has the effect of keeping his gang affiliation out of the murder trial, according to this article in the San Francisco Chronicle. It is not immediately apparent why it has this effect, because the evidence is relevant to motive under the prosecution's theory and should be admissible on that basis.

Insanity acquittals, although rare, do happen, even under the strict M'Naghten test. The Honolulu Advertiser reports on a NGI verdict in the killing of Park Service Ranger Steve Makuakane-Jarrell on the Big Island. Congress reinstated the M'Naghten test for federal trials following the infamous Hinckley verdict. See 18 U.S.C. § 17.

Alabama DP. The Associated Press reports on a suit filed by Alabama murderer Larry Hutcherson making a systemic attack on capital representation in Alabama, both at trial and on collateral review. However, he has already had a chance to litigate the effectiveness of his trial counsel, and there is no constitutional right to effective representation on collateral review. Congress addressed the latter issue in 1996 by offering the states the benefit of a "fast track" in federal habeas if they offered qualified counsel in state habeas. The plan failed because the federal courts reneged on the bargain, failing to give the benefit to the states that actually qualify for it, thereby negating the incentive for other states to reform.