Tuesday, May 28, 2013

Sixth Circuit -- USA v. Gabrion

Commission of crime in non-death-penalty state is inadmissible as mitigation.

No error in voir dire.

No Apprendi error

No basis for evaluation of present competency.

No abuse of discretion in excluding deft from part of penalty phase after he punched lawyer.

No error in expert scope.

C in J, Dissent.

 USA v. Gabrion
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.