NOTE: This is a re-post of an earlier post that I unwittingly published with the exact same blog title as the below-referenced Decision of the Day post.
In a post entitled A “Wholly Discomforting” End To Twenty-Two Years of Death Penalty Appeals, Robert Loblaw at Decision of the Day notes yesterday’s 159-page decision in Cooper v. Brown, case no. 05-99004 (9th Cir. Dec. 4, 2007) and comments on how it is likely to fuel debate on the death penalty.
I think I remember hearing about this case on the news the last time Cooper’s execution was stayed, but I sure don’t remember the “discomforting” facts DoD excerpts from the concurring opinion making it into the news.
I remember hearing about this case on the news also. As I recall it the defendant’s execution was postponed to permit DNA testing. But the DNA tests placed the defendant at the scene of the crime, which was inconsistent with his claim that he had been nowhere near there. Of course, coverage of legal issues frequently contains inaccuracies. It sounds as though some interesting points have been raised, but 159 pages is a long read just to satisfy my curiosity.