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August 9th, 2009UncategorizedIn McGahee v. Alabama Dep’t of Corrections, No. 07-15602 (March 4, 2009), the Court granted a writ of habeas corpus to an Alabama death row inmate, finding that Alabama violated Batson v. Kentucky by using its peremptory strikes in a discriminatory manner at his trial for 1986 murders.
The Court found that the Alabama trial court, and the Alabama Court of Criminal Appeals, failed to properly apply Batson. The record indicated that one black juror had been struck because the State "did not want to leave him individually," a remark the Court interpreted as being because of the juror’s race. In addition, all black members of the venire were struck by the State, either for cause, or by the use of peremptory challenges. "There can be no clearer ‘pattern’ than the total removal of all African-American jurors from the venire by the State." Further, the State attempted to justify striking multiple African-American jurors because of their "low intelligence." There was no support for this finding in the record. "Furthermore, the State’s claim that several African-Americans were of ‘low intelligence’ is a particularly suspicious explanation given the role that the claim of ‘low intelligence’ has played in the history of racial discrimination from juries."
The Court called the removal of all African-American jurors from the venire "astounding." The Court found that race was a basis for striking specific black members of the venire, and a Batson violation therefore occurred. -
July 16th, 2009Uncategorized
In United States v. Ford, No. 08–5091 (6th Cir. Mar. 18, 2009), the panel of Judges Merritt, Cole, and Sutton found that a walkaway escape is not a crime of violence. Use of force is not an element of Kentucky’s second-degree escape offense. Analysis therefore proceeded under the "otherwise clause" of 4B1.2(a)(2). Court used some good language. For example, "[t]hat an offense presents a risk of physical injury to others, as Begay demonstrates, does not by itself suffice to show that it is a crime of violence." Court goes on to note that "all walkaway offenders have engaged in purposeful conduct." But there is no requirement of purposeful violence or purposeful aggressiveness. Court points out that "[t]he ‘otherwise’ requirement demands not just that the offense involve a similar risk of injury but also that it involve a similar type of crime." Finally, the Court finds that if any doubt remains the benefit of that doubt must go to the defendant under the Rule of Lenity. Court still notes the Shepard issue, which is an issue (see Mr. Strong’s post of March 16, 2009). The issue is a little different, as this offense is not a "reckless" one, but the analysis still seems unsettled in the Shepard area. -
July 12th, 2009Uncategorized
UK law students working on the Kentucky Innocence Project may gain real-world legal experience, but working to prove prisoners’ claims of innocence is the most rewarding part, said the project’s director.
“The most rewarding part is to be there when an innocent person walks out of prison and to see the smiles and tears on the faces of our clients and his family, and the students who have worked so hard to help him,” KIP Project Coordinator Gordon Rahn said. “When that happens, you know you have done something right.”
UK is one of four law schools in Kentucky that offers its students the opportunity to participate in the KIP externship, which helps prove actual claims of innocence by Kentucky prisoners. The program was founded in 2001 and is administrated by the Kentucky Department of Public Advocacy.
Through April 2008, due to the efforts of KIP and the prisoner’s claims of innocence, six men and women have been released from prison. KIP does not limit cases to those where DNA evidence exists.
To enroll in the year-long, four-credit-hour course, students must be a second- or third-year law student.
At UK, the program has given students the chance to help those wrongfully convicted and gain valuable professional skills.
Third-year law student James Kay said he has received a hands-on way to work with clients. It also provides a valuable service, he said.
“Our justice system isn’t perfect, sometimes people fall through the cracks, but it’s good to look back on things because the system doesn’t always work,” Kay said.
Through the program, students are able to learn from the flaws of the legal system and gain a better understanding than they would from a classroom curriculum.
“KIP has taught me a lot more than any law book ever has,” third-year law student Melissa Randall said.
But it isn’t only rewards and success. Rahn has experienced many difficulties with KIP and said the hardest part “is to believe someone is innocent but not be able to find the new evidence required to prove his or her innocence.”
“It is difficult to walk away from that case,” Rahn said.
That challenge is the force that drives the students to work hard on investigations.
“We want to make sure we have looked at everything possible before making that visit to a prison to tell a client that we believe him but we can’t help him,” Rahn said.
