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Geerdes & Kim Publications
Death Penalty Law
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LENGTH:
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15063 words
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ARTICLE:
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Death Penalty Law, June 1, 2003 - May 31, 2004
Click to view the full-text PDF
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NAME:
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by Holly Geerdes* and David Lawless**
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BIO:
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* Supervising Appellate Attorney of the Multi-County Public Defender. University of Iowa (B.A., 1996); Univer-sity of Minnesota Law School (J.D., 2000). Member, State Bar of Georgia.
** University of Connecticut (B.A., 1998; J.D., 2005).
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SUMMARY:
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... The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. ... McDougal did not match an initial description of the murder suspect in the case. ... Sealey then bound and tortured the female victim with a fireplace poker in an effort to learn where she kept her money. ... In Lewis v. State, the court held that the evidence was sufficient to authorize the jury to find three statutory aggravating circumstances pursuant to O.C.G.A. section 17-10-30(b)(2) and (b)(7): (1) the murder was committed while Lewis was engaged in the commission of an aggravated battery; (2) the murder was committed in the commission of a burglary; and (3) the murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, and an aggravated battery to the victim before death. ... The habeas court determined that Stripling was mentally retarded beyond a reasonable doubt. ... The court reasoned "the absence of mental retardation is not the functional equivalent of an element of an offense such that determining its absence or presence requires a jury trial under Ring. ...
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