Prosecutorial Misconduct: Banks v. Dretke
Death sentence reversed by U.S. Supreme Court.
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.
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, Steve Hanlon
Status
In federal habeas proceedings.
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Right to Consular Assistance: Amicus in Medellin
Amicus brief in challenge to death penalty of Mexican national under the Vienna Convention.
Principal Attorney
George Kendall
Description
Holland & Knight prepared an amicus brief in support of the petitioner on behalf of 25 organizations that send U.S. citizens abroad for study, missionary and relief work; organizations that support such work; and U.S. citizens who have performed such work. Our brief advocated that the government give full force to the Vienna Convention's promise of access to consular assistance on which missionaries and students rely when traveling or working overseas.
Status
Dismissed by Supreme Court on jurisdictional basis.
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