It has been said that the defense attorney is frequently the most ignorant person in the room. The reason for this unflattering description is that s/he knows the least about what actually happened at the crime scene. The prosecutor has an army of investigators tasked with developing as much information…
In Atkins v. Virginia, 536 U.S. 304 (2002), and Hall v. Florida, 572 U.S. _____, the United States Supreme Court held, among other things, that states cannot execute someone who is mentally disabled. The Court also left to the states the task of determining whether a death row inmate has…
Many defendants convicted in State court proceedings will, after exhausting their State level appeals and post-conviction applications, seek habeas relief in Federal court. Generally speaking, the process focuses upon violations of Federal constitutional law in the underlying State proceedings, and is commenced by filing a habeas petition and supporting papers…