Saturday, December 10, 2005
Commonly used short hand & lingo on the site: Some of the buzzwords used at the weekly are listed below (alphabetically). Each buzzwords has a very quick general definition, with links to a more in-depth discussion of that issue also provided, generally from CapDefNet (here & here) and the Southern Center's DP case law list.
  • AEDPA: The Antiterrorism & Effective Death Penalty Act of 1996; AEDPA modified the law governing habeas corpus reducing the opportunities for a federal court to grant relief.
  • Ake: SCOTUS opinion holding, generally, a defendant has the right to the assistant of experts, and, where indigent, at the taxpayers expense.
  • Atkins: SCOTUS opinion holding, generally, the Eighth Amendment does not permit the execution of the mentally retarded.
  • Batson (generally): SCOTUS opinion holding, generally, the use of an impermissible factor, such as race, sex, or ethnicity, to remove a juror using a peremptory challenge will result in a conviction being vacated.
  • Beck / Lesser Included Offenses: SCOTUS opinion holding, generally, where evidence supports a lesser included offense that charge must be given at the defense's request.
  • Brady: SCOTUS opinion holding, generally, failure of the government to turn over exculpatory evidence
  • COAs /Certificates of Appealability: Under the AEDPA a federal habeas petitioner can only appeal issues that have been found to be debatable among reasonable jurist as to whether the petition states a valid claim of the denial of a constitutional right
  • COI / conflict of interest: An ethical violation by defense counsel where the attorney suffered under split loyalties as a matter of law, such as representing a witness and the defendant.
  • Competency: A person unable to defend themselves, normally at trial, due to a medical or mental condition or to otherwise have a case proceed
  • Ford: SCOTUS opinion holding, generally, a person may not be executed who is not competent.
  • IAC / ineffective assistance of counsel: Generally, counsel did, or failed to do something, that a reasonably attorney would have differently. Often IAC is found where an attorney failed to investigate a given defense or piece of mitigation that, had they investigated, could have resulted in a different conclusion.
  • Jury misconduct: Jurors did something they shouldn't have, such as visited the crime scene, did their own research on the internet, etc.
  • Life qualified / Morgan / Reverse-Witherspoon: SCOTUS opinion holding, generally, a juror must be able to follow the law and return a sentence less than death in order to be able to sit on a capital jury
  • Lockett Doctrine: SCOTUS precedent holding, generally, a state can not implement any impediment to a jury's consideration of mitigating evidence and giving effect to that mitigating evidence.
  • Massiah: SCOTUS opinion holding, generally, barring intentional use of jail-house snitches after someone has an attorney or asserted their right to counsel to solicit information from the accused.
  • Proportionality: As a matter of appellate review a state may require an appellate court to review whether a sentence is in accord with other sentences imposed for the same type of offense.
  • Ring: SCOTUS opinion holding, generally, that a trial judges alone can not be given the sole responsibility for determining the existence of aggravating factors that would ender a defendant eligible for the death penalty.
  • SCOTUS: Supreme Court Of The United States
  • Simmons: SCOTUS opinion holding, generally, the Eighth Amendment does not permit the execution of juvenile offenders.
  • Statute of limitations: The AEDPA requires habeas petitions to be filed within one year from the completion of direct appeal (minus time spent in state postconviction), within one year of newly discovered evidence, or within one year a retroactively applicable Supreme Court decision.
  • Successor petitions: Generally, a second or successive petition which is governed by additional rules under the AEDPA making relief difficult.
  • Victim impact: Some states permit the prosecution to put on a "glimpse" of the victim's life, however, Supreme Court precedent imposes some strict controls imposed by the Eighth Amendment.
permalink  

0 Comments:

Post a Comment

Links to this post:

Create a Link

<< Home


DISCLAIMER The site contains, chiefly, the thoughts and analysis of Karl Keys. It is designed to be a first draft of history & a first draft review of case law, not the last. The goal is to get timely, accurate and germane information to those involved or interested in capital litigation. In the balance between speed and accuracy, speed sometimes wins. The law may have changed, we may have misread and misunderstood something ten years ago and still be clinging to a misperception. It is not intended to be a comprehensive review of the law. This web site is only updated on a semi-regular (whenever there is nothing good on TV or pending court deadline). Any information or links contained on this website should not be viewed as the furnishing of legal advice or as to any claim of specialization rather is given for informational puproses only and does not constitute the formation of an attorney-client relationship.