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New US Supreme Court Cases


Two cases were decided yesterday. Here's a summary and links to the decisions.

The court also released three decisions on Tuesday.

Of note, in Lawrence v. Florida, Scotus held that filing for U.S. Supreme Court review of a state post-conviction proceeding does not toll the one year limit for filing a federal habeas claim. In other words, when a person is convicted in state court, they have one year from that date in which to file for federal habeas relief. That one year period is tolled while any state post-conviction proceedings are "pending." Scotus held that "pending" does not include a petition to Scotus from a state post-conviction proceeding. So when the state's courts are done with the post-conviction proceedings, the federal habeas clock starts ticking again.

Capital Punishment News


Here is a recent case from the Alabama Supreme Court in which the court upheld a conviction for felony murder and capital murder. The defendant was charged with two counts of capital murder for the killing of one person, and the Court of Criminal Appeals had reversed the capital murder conviction, holding that the acquittal of one count was an implied acquittal of the other count.

The B'Ham news reports on an upcoming parole hearing:

Eighteen years after finding her daughter dead in her apartment, hogtied in telephone cord and a butcher knife plunged into her back, Margie Caslin
still sobs at the memory.

"It's still hard to talk about it," Caslin said through tears. "It's hard to go over this again and again, but I guess I have to. It's the law."

Joseph Gentry, the AmSouth Bank manager who confessed to killing Kimberly Hill, was tried twice, found guilty twice and sentenced twice to death. But at a parole hearing on Wednesday, he could be set free.

And finally, the Alablawg has this post about a recent Jefferson County case in which the judge imposed a death sentence in spite of the jury's 10-2 recommendation for life.

Welcome


This blawg will cover issues related to appeals in Alabama. In contrast to some other Alabama legal blogs, this one will attempt to remain objective. The author's goal is to keep you informed about court decisions, current litigation, and other appellate news. The blawg will be written so that anyone can understand it, but hopefully the lawyers will read it anyway. Check back frequently, because it should be in full operation any day now.

This is a test of the blawg's ability to link to an Alabama decision. I have no idea what the case concerns, I just want to see if it I can link to it.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

   

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