Wednesday, August 17, 2011

Sixth Circuit -- Abu-Ali Abdur'Rahman v. Roland Colson

Abu-Ali Abdur'Rahman v. Roland Colson

Death penalty deft's cumulative error arguments under Brady and prosecutorial misconduct can't be considered as they weren't raised in state courts and they're not on the COA.

No Brady violation where co-deft statements indicating deft went to locus in quo as member of anti-crime group (which proscs denied at trial) weren't released to deft, as deft knew that co-deft had discussed the group with prosecutors.

Deft's attempts at self-harm after arrest (not remembered by deft) are not grounds for a Brady violation, as they were mentioned in available reports not sought by deft's counsel & not material proof of mental illness.

Extraordinarily forceful dissent --

Cumulative Brady: covered by the COA, whole-record analysis makes the prosc's omissions enough for violation.  5th Circuit has considered similar hybrid claims.

[Thou shalt not kill.  TMB]

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.