CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, June 6, 2016

Today's criminal law/procedure cert grants

Issue summaries are from ScotusBlog, which also links to papers:

  • Moore v. TexasWhether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed
  • Buck v. StephensWhether the Fifth Circuit imposed an improper and unduly burdensome Certificate of Appealability (COA) standard that contravenes this Court's precedent and deepens two circuit splits when it denied petitioner a COA on his motion to reopen the judgment and obtain merits review of his claim that his trial counsel was constitutionally ineffective for knowingly presenting an “expert” who testified that petitioner was more likely to be dangerous in the future because he is Black, where future dangerousness was both a prerequisite for a death sentence and the central issue at sentencing.

https://lawprofessors.typepad.com/crimprof_blog/2016/06/todays-criminal-lawprocedure-cert-grants.html

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