[Download] "United States v. Vallo" by Tenth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Vallo
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 23, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
These death penalty appeals present a number of issues. The most difficult, which we deal with at some length, include: 1) whether the State violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose a detectives unrecorded recollection of the temperature of the victims apartment; 2) what degree of mental torture or conscious serious physical abuse preceding death is necessary to satisfy Oklahomas especially heinous, atrocious or cruel aggravating factor; and 3) the extent to which defense counsel, under Strickland v. Washington, 466 U.S. 668 (1984), is required to investigate and present psychiatric evidence and evidence of a defendants early childhood during a capital sentencing proceeding. During the course of our analysis, we also clarify, with the approval of the en banc court, that the State does not need to appeal separately the district courts adverse procedural bar determination in order to reassert that defense on appeal.