Thursday, September 04, 2008

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING
Kindler v. Horn, No. 03-9010, 03-9011
In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to Mills v. Maryland, 486 U.S. 367 (1988); and 4) petitioner was denied the effective assistance of counsel during the penalty phase.