U.S. v. Johnson (EDLA) – Judge vacates death sentence, May 18, 2010
Posted on: 5/18/2010 03:33:44 PM by Lominack

District court, on a Rule 33 motion, vacates death sentence and remands for a new penalty phase after finding numerous trial errors including: admission of improper victim impact evidence; discovery violation related to this victim impact evidence; introduction of unadjudicated murder which the jury found was not proven beyond a reasonable doubt, and; improper government argument in the penalty phase which (a) compared worth of defendant and victim, (b) compared conditions of a life sentence to the permanency of the victim's death, and (c) pressured the jury into believing that a life sentence would be a capitulation. Click here for full opinion.