<< Stacy Kuykendall press conference | Main | News Scan >>

Re-Listed Criminal Cases (Continued)

A few more "re-listed" criminal cases for a second consideration by the Supreme Court.

Ryan v. Doody
Docket:  09-1443
Brief Summary:  A 17-year-old confessed to participating in the murders of nine people inside a Buddhist temple.  At issue is whether the Miranda warnings administered by the police were adequate and whether the teen's confession was voluntary.  The Ninth Circuit answered both in the negative.

DePierre v. United States
Docket:  09-1533
Brief Summary:  DePierre was convicted of distributing 50 grams or more of cocaine base, a federal crime under 21 U.S.C. ยง841(b)(1)(A)(iii) that carries a ten-year minimum sentence.  DePierre claims the "cocaine base" contemplated by the statute is limited to crack cocaine.  Although some Circuits agree, the First Circuit held otherwise.

Allen v. Lawhorn
Docket:  10-24 
Brief Summary:  During the penalty phase of a capital murder trial, Lawhorn's defense attorney waived closing argument.  The Eleventh Circuit determined this waiver amounted to ineffective assistance of counsel entitling Lawhorn to a new sentencing hearing, which the state argues is a misapplication of AEDPA.

Wilson v. Corcoran
Docket:  10-91
Brief Summary:  Corcoran was convicted of murdering four people and sentenced to death in Indiana state court.  The Seventh Circuit reversed the sentence after finding that the court improperly applied Indiana sentencing law.  The state argues the Seventh Circuit erred in granting federal habeas relief based solely on a violation of state law.  

Leave a comment

Monthly Archives