Tuesday, January 18, 2005
Rompilla v. Beard, 04-5462, questions presented: (1) Does Simmons v. South Carolina, 512 U.S. 154 (1994) require a life-without-parole jury instruction where the only alternative to a death sentence under state law is life without the possibility of parole? (2) Has a defendant received unconsitutionally ineffective assistance of counsel at a capital sentencing hearing where counsel does not review the defendant's prior conviction record which would provide mitigating evidence regarding the defendant's traumatic childhood and mental health impairments? More details here. Read Talkleft's analysis of the case here.
Johnson v. U.S., 04-05, question presented: When a federal court bases an enhanced sentence on a vacated state conviction, is the elimination of the state conviction a "fact" supporting a prisoner's 28 U.S.C. sec. 2255 claim requiring reduction of the prisoner's sentence? Details here. [Mark Godsey]