Fifth Circuit Affirms U.S. v. Len Davis - June 16, 2010
Posted on: 6/17/2010 08:07:25 AM by Lominack

The Fifth Circuit Court of Appeals affirmed Len Davis's death sentence. Inter alia, the Court found: evidence was sufficient to support a future dangerousness finding despite 11-years of violence-free conduct in prison preceding resentencing; no plain error in prosecutor's questioning of witnesses and closing argument suggesting defendant's participation in or knowledge of other crimes; prosecutor's remarks restating victim impact testimony which focused on defendant's failure to apologize did not constitute plain Fifth Amendment error, and; no plain error in government argument that a life sentence would be a "freebie" since defendant was already serving a life sentence. Click here for opinion.