Thursday, November 15, 2012

Sixth Circuit -- Samuel Moreland v. Margaret Bradshaw

Death penalty habeus -

Sufficient evidence, eyewitnesses, etc.

No Due Process claim even absent AEDPA deference on competence of young witness.

State law barring expert witness from impugning accuracy of eyewitness doesn't rise to level of fundmenatal fairness.

Crime scene photos did not improperly sway judges - no ineffective assistance for failure to object.

Police testimony as to post-Miranda silence did not improperly sway panel.

Bench trial means that allowing prosc to use invocation as proof of sobriety didn't sway the verdict.  The judges would have not considered any inappropriate evidence.

No ineffective assistance in sentencing phase.


 Samuel Moreland v. Margaret Bradshaw
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.