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.  

Women Sandals Ladies Rivet Sandal Comfy Peep Toe Buckle Breathable shoes Leather Casual shoes,White,37

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

WSYHXMflip flop Slippers Women's Spring and Summer Home Japanese-Style Thick-Soled Indoor Men's Sandals Read More
Gcanwea Women's Stylish Buckle Strap Side Zipper Ankle Booties Stacked Block High Heel Platform Short Boots Comfortable Increased Internal Easy to Match Warm Apricot 6.5 M US Short Boots
Mo Duo New Women Flat Sandals Plus Size 34-42 Open Toe PU Leather Women Sandals Summer Flats,White,11 March 21, 2018 - Supreme Court issues Ayestas decision
Gcanwea Women's Dressy Rhinestone Side Zipper Round Toe Stiletto High Heel Platform Short Ankle Boots Black 5 M US

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 

Good-memories pumps Platform shoes with Buckle Extreme high Heels Elegant Solid Casual Woman Sandals
February 26, 2018 - Chapter 154 developments
CHENSF Womens Faux Suede Flat Heel Zip Up Ankle Boots

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.

GIY Women's Causal Patent PU Leather Ankle Strap Mary Janes Block Mid Heel Pumps shoes Dress shoes

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.

GIY Women's Sexy Rhinestone Wedge Platform Slide Sandals Open-Toe High Heel Anti-Slip Summer Beach Sandal 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

GIY Women's Rhinestone Wedges Sandals Platform Comfort Anti-Slip Glitter High Heel Beach Flip Flops
WHW Women's Fish Mouth fine Heel high Heels Stiletto Heel Peep Toe Black Sandals,42,Black October 10, 2017 - 9th Circuit finds insufficient evidence that California death row inmate validly waived his right to state habeas review
Call It Spring Womens Laossa Moccasin
Pleaser Me Steam-12 Boot Pleaser

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. 

Sandals Ladies Fashion Button Large-Size Women's shoes Coarse-Heeled Water Diamond High-Heeled shoes June 19, 2017 -
Women Mules Slippers High Square Heel Sexy Ladies Women shoes Outside Female Slippers,Nude,6.5

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).

LittleBeautiful Sandals 14Cm Square Heels Rivet Autumn Club Sexy Women Boots Thick Waterproof Platform shoes Nightclubs High shoes Read More
JaHGDU Women Summer Beach Sandals Ethno Style Sandals Flats shoes Buckle Fashion Leisure Elegant Cosy Wild Tight Super Quality for Womens
September 18, 2017 - New Software for capdefnet.org
Fumak 35-43 Women Boots Plush Warm Snow Boots Ladies Winter mid-Calf Boots Waterproof Snow Botas Zipper Warm Boot JSH-M0767
Womens Roshe Two Lightweight LA_Fit_for_a_King_Funny_Saying Cute Cross-Country Running mesh shoes

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.