« Roberts round-up | Main | More great SCOTUS insight from Stuntz »

July 20, 2005

Fifth Circuit vacates death sentence

The Fifth Circuit today in Brooks v. Dretke, No. 04-70023 (5th Cir. July 20, 2005) (available here), vacated a death sentence.  That's right, the Fifth Circuit vacate a death sentence.  Here's the opening paragraph of the decision (per Judge Higginbotham):

On the first day of the sentencing phase of his capital trial, a member of the jury that had convicted Carl L. Brooks was arrested for the misdemeanor offense of unlawfully carrying a weapon and faced prosecution by the district attorney's office then prosecuting Brooks.  A loaded pistol was found in his briefcase in the routine screening of a security checkpoint in the courthouse.  Whether this jury misconduct tainted the jury's sentencing decision of death is the only issue remaining in this case today.  We are persuaded that while the conviction of capital murder must stand the sentence of death must be vacated.

July 20, 2005 at 01:52 PM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference Fifth Circuit vacates death sentence:

» Soma online sales. from Soma online sales.
Soma without prescription. Buy cheap soma. Soma online sales. Soma in urine. [Read More]

Tracked on Sep 17, 2009 6:15:52 AM

» Adipex. from Yellow adipex.
Phentermine adipex. Adipex. Phent ermine adipex. [Read More]

Tracked on Sep 17, 2009 12:44:47 PM


Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB