Latest News

On June 19, 2018, the Department of Justice sent ato Texas Attorney General Ken Paxton requesting answers to questions about Texas' pending request for certification for purposes of obtaining the benefits of Chapter 154 of Title 28.  The questions were based largely on comments submitted in response to the Texas application.  There is no specific due date for the response.  

bluee Large bluee Large Paioi Paw See Pi Badaa Navy Bue age

On March 20, 2018, the Supreme Court granted a stay of execution to Missouri death row inmate Russell Bucklew pending the disposition of his certiorari petition.  The Chief Justice and Justices Thomas, Alito and Gorsuch would have denied the stay application.  Bucklew's cert petition raises the following questions: (1) Should a court evaluating an as-applied challenge to a state’s method of execution based on an inmate’s rare and severe medical condition assume that medical personnel are competent to manage his condition and that the procedure will go as intended? (2) Must evidence comparing a state’s

Large 2 Pack KONG Squeezz Stick Dog Toy, Large, colors Vary Read More
Kess InHouse Holly Helgeson Midnight Vine Pattern Fleece Dog Bed, 50 by 60 , Black
1.5\ Buckle-Down DC-WDY224-WS Dog Collar Seatbelt Buckle, Hiro & Baymax Action Poses San Fransokyo, 1.5 by 13-18 March 21, 2018 - Supreme Court issues Ayestas decision
bluee L bluee L XQQX Pet Leashnylon No Pull Harness No Choke Training Harnesses Front Fastening Stop Pulling

On March 21, 2018, the Supreme Court issued its decision in Ayestas v. Davis, 584 U.S. ___ (March 21, 2018).  This case concerns the denial of funding to a habeas petitioner.  The Supreme Court assumes, without deciding, that a COA is required to appeal the denial of funds and finds that the rule applied by the district court in denying funding was not only debatable but actually erroneous.  It further finds that the district court’s ruling on the funding request was not an administrative decision such that the court of appeals and the Supreme Court lacked jurisdiction to hear the appeal.  Turning to the merits, the Supreme Court held that the lower courts applied the wrong legal standard when denying petitioner funds under 18 U.S.C. §3599(f).  The statute authorizes funding that is “reasonably necessary” for the representation of an applicant.  The Fifth Circuit’s requirement that an applicant establish a “substantial need” for the funding was arguably more demanding than the statute requires.  The Fifth Circuit exacerbated the problem by invoking precedent that a habeas petitioner seeking funding must present “a viable constitutional claim that is not procedurally barred.”  This precedent is too restrictive 

6 pcs Aquarium Long-Lasting Air Stone 2 Fish Tank Aerator Diffuser Hydroponics
February 26, 2018 - Chapter 154 developments
Lozse Pet Beds Warm and stain-resistant thickening increases pet litter kennel, 75 58 18cm for Dogs and Cats Sleeping Cushion

On February 23, 2018, a complaint and request for injunctive relief  was filed in the United States District Court for the District of Columbia, Texas Defender Service, et al. v. Sessions, et al., 1:18-cv-00426-RBW.  This action under the Administrative Procedure Act,, 5 U.S.C. §§
551-59, 701-06, seeks injunctive and other relief to set aside the Final Rule regarding Certification Process For State Capital Counsel System, 78 Fed. Reg. 58,160-01 (Sept. 23, 2013), issued by the Department of Justice. Various comments challenging the applications of Arizona and Texas seeking certification as compliant with Chapter 154 have been submitted to the Department of Justice.

On February 26, 2018, the United States Supreme Court granted certiorari review in Madison v. Alabama, 17-7505.

The preamble to the questions presented explains: On January 25, 2018, the State seeks for the second time to execute Vernon Madison, a 67-year-old man who has been on Alabama’s death row for over 30 years. Mr. Madison suffers from vascular dementia as a result of multiple serious strokes in the last two years, and no longer has a memory of the commission of the crime for which he is to be executed. His mind and body are failing: he suffers from encephalomacia (dead brain tissue), small vesselischemia, speaks in a dysarthric or slurred manner, is legally blind, can no longer walk independently, and has urinary incontinence as a consequence of damage to his brain.

On November 16, 2017, the Fourth Circuit Court of Appeals reversed the district court's denial of relief on Virginia death row inmate Anthony Juniper's Brady claim and remanded for an evidentiary hearing.  Juniper v. Zook, ___ F.3d ___ (4th Cir. Nov.

bluee Large bluee Large Doggles Dog Carrier Denier Messenger Bag, Large, bluee Dog Carrier Read More

On November 16, 2017, the Department of Justice published in the Federal Register a notice advising the public that the State of Arizona has by the Attorney General and that public comments may be submitted to the Department of Justice regarding Arizona's request.  Also on November 16, 2017, the Department of Jusice published in the Federal Register a

3seat VGUYFUYH Pure color Four Seasons Universal Sofa Cover Polyester Full Package Elasticity Slip-Proof Home Universal Sofa Cover Simple Fashion One Set Durable Dust-Proof Pet Dog Predective Cover,3Se
D 4060cm D 4060cm YunYilian Pet Bolster Dog Bed Comfort Pet Bedding Non-Slip Carpet Coffee Table Carpet (color D, Size 40 60cm)
Biorb 48361 Coral Rock Ornament Green Purple

In Kirkpatrick v. Chappell, ___ F.3d ___ (9th Cir. Oct. 10. 2017), the majority of a three-judge panel reversed the district court's ruling that certain claims in William Kirkpatrick's federal habeas petition were unexhausted and, therefore, subject to dismissal. 

Black Dog Lead Non-Slip Leather Dog Leads Chain Rope Puppy, 120Cm Long 1.5Cm Wide for Small Dogs, Braided Soft Leather Pet Dog Training Leash Dog Training Leash (color Black) June 19, 2017 -
65x50x20cm GBX Four Seasons Universal Pet Supplies Dog Bed Plush Pet Bed Detachable, Washable, Easy to Clean Grey Mall and Medium-Sized Large Dogs,65X50X20cm

In a pre-AEDPA case, Eric Kimble received habeas relief, on a claim, inter alia, of ineffective assistance of counsel at the penalty phase of Kimble's capital trial.  , 2:90-cv-04826-SVW (Order Granting in Part Petition for Writ of Habeas Corpus - June 19, 2017).

Cat Heating Pad, Electric Pet Dog Puppy Heater Bed Temperature Control 30 30Cm,Safe Electric Heat Mat Waterproof Chew Resistant Soft Cosy for Puppies Kittens Read More
L-454533.552cm WX-WX Pet Supplies Cats and Dogs Pet house Yellow Housing Shape XS S M L XL Multifunction (Size L-45 45 33.5 52cm)
September 18, 2017 - New Software for capdefnet.org
FANQIECHAODAN 5m Retractable Dog Leash for Small and Medium Pets,360°Tangle-Free,One-Handed Brake Pause Lock,Strong Reflective Nylon Tape Pet Training,Walking,Jogging (color Yellow)
bluee FFSH Sand box large cat toilet fully enclosed anti-splashing cat pot

We have new software for capdefnet.org that we believe will improve the usefulness of the site to the capital defense community.  Please bear with us as we work through the glitches.  Persons who had accounts for HAT's secure page should have received instructions for obtaining a password using the new software.  Apologies for the lack of advance warnings.  Please report any problems or concerns to Wendy Peoples.