Federal Habeas Relief: Herbert Williams
Capital habeas case for convicted murderer.
Principal Attorneys
George Kendall, Samuel Spital
Co-Counsel
NAACP Legal Defense and Educational Fund
Description
Seeking relief in an Alabama habeas case based on claims that the client was denied the effective assistance of counsel as to the penalty phase of his trial; that the district court erred in finding his Batson v. Kentucky claim unexhausted; and that the district court improperly denied him an evidentiary hearing.
Status
Case reversed and remanded to lower courts.
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Prosecutorial Misconduct: Banks v. Dretke
Death sentence reversed by U.S. Supreme Court.
Principal Attorneys
George Kendall, Harmony Loube
Co-Counsel
NAACP Legal Defense and Educational Fund
Description
The Supreme Court found that prosecutorial misconduct and ineffective assistance of counsel deprived Mr. Banks of a fair trial. 124 S.Ct. 1256 (2004). Mr. Banks has been on death row for twenty years.
Status
On October 19, 2007, a federal judge overturned the 27-year-old conviction and death sentence.
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Mental Capacity: Gates v. Georgia
Proceedings to determine mental capacity of death row inmate.
Principal Attorney
George Kendall
Status
Death sentence vacated; sentenced to life without parole.
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Witness Recantation: Spaziano v. State
Post-conviction trial focusing on recantation of state's principal witness.
Principal Attorney
Steve Hanlon
Co-Counsel
James Russ, Orlando, Fla.
Description
Mr. Spaziano was convicted solely on hypnotically-induced testimony concerning a purported confession. The witness's subsequent recantation was found credible and true. After 20 years on death row, his conviction and sentence were overturned.
Status
Conviction and sentence reversed.
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Federal Habeas Relief: House v. Bell
Capital habeas case for convicted rapist and murderer based on new evidence-DNA and confession.
Principal Attorneys
George Kendall, Harmony Loube
Description
In a capital habeas case from Tennessee, a 5-3 majority of the U.S. Supreme Court ordered the case back to the lower courts so that Paul House could be heard on several likely meritorious constitutional claims.
Status
Case reversed and remanded to lower courts.
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Snitch Testimony: Cooper v. State
Post-conviction challenges to death sentence based primarily on claim of conflict of trial counsel.
Principal Attorneys
George Kendall, Samuel Spital, Steve Hanlon
Description
Demonstrated that the prosecution misrepresented the status of its key sentencing phase witness and allowed that witness to mislead the jury. Trial counsel also failed to conduct an adequate investigation and present mitigating evidence that surely would have led the already sharply-split 7-5 jury to recommend a life sentence rather than death for this then-18-year-old offender.
Status
In federal habeas proceedings.
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