KBJ brought major public defender chops to SCOTUS. Her conservative colleagues couldn't care less. (via Deadline: Legal Blog)
The latest example came Monday, in a death penalty case from Louisiana that the Supreme Court’s Republican majority rejected without comment.was joined by fellow Democratic appointees Sonia Sotomayor and Elena Kagan.
As it turned out, one of Brown’s codefendants, Barry Edge, had confessed to a fellow inmate. The prosecution obtained a statement from the inmate prior to Brown’s trial, but did not disclose it to Brown’s counsel until after his sentencing.
to review the case and rule for Brown. They wrote, referring to Brown as “Petitioner” since he was petitioning the justices for review: This statement could reasonably have been interpreted by the penalty-stage jury to undermine the prosecution’s case that Petitioner had the specific intent to kill and to therefore mitigate his culpability for the murder. Had the statement not been withheld, there is a reasonable probability that the penalty-stage verdict would have been different and the jury would not have imposed a death sentence.
Nonetheless, the Supreme Court majority rejected Brown’s appeal. Four votes are needed to hear a case, and that the dissenters fell one short is a reminder that Republicans rushed Justice Amy Coney Barrett onto the court ahead of the 2020 presidential election, following Ruth Bader Ginsburg’s death. Yet, even if the court agreed to hear the case, that wouldn’t have forced a different outcome from the GOP majority.
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