Uttecht v. Brown

NACDL amicus curiae brief in support of Respondent. The issue involves whether the Ninth Circuit properly granted habeas relief in a capital case on the ground that the state trial court improperly ruled that a juror who expressed misgivings about the death penalty but repeatedly said he could follow the law was not “death qualified.”

Brief filed: 03/30/2007

Documents

Uttecht v. Brown

United States Supreme Court; Case No. 06-413

Prior Decision

Lower court opinion, 451 F.3d 946 (9th Cir. 2006).

Argument(s)

Brief argues that juror's concern whether lack of "future dangerousness" mitigates against the death penalty comports with Washington state law, and the juror was erroneously excused.

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Author(s)

Kevin Russell of Howe & Russell (and the Stanford Supreme Court Litigation Clinic) and Susan Rozelle, Capital University Law School.