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United States v. Barrett,
No. 06-7005 (10th Cir., July 25, 2007) (Published): Death Penalty; Federal: This is a lengthy opinion affirming the federal death penalty in a case out of the E.D. of Oklahoma. Barrett is the guy who killed Trooper David Eales during the execution of a search warrant back in 1999. The panel AFFIRMED over claimes involving: 1) challenges to the search warrant (reviewed for plaine error); 2) challenges to the Indictment (sufficiency, multiplicity, and improper joinder of offenses); 3) improper admission of victim impact evidence; 4) juror misconduct in making contact with one of the Trooper witnesses; 5) a Batson challenge; 6) numerous claims regarding the constitutionality of the Federal Death Penalty Act; 7) failure to follow the "Petite Policy" of foregoing federal prosecutions when the state has prosecuted; and 8) cumulative error.
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United States v. Johnson,
No. 06-1001 (8th Cir., July 30, 2007): Death Penalty; Federal: Lengthy federal death penalty opinion affirmed in the end, but partial relief granted on a multiplicity claim arising from convictions for Murder While Engaging in a Conspiracy and convictions for Murder While Working in Furtherance of a CCE.
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United States v. Fields
No. 05-7128 (10th Cir., February 25, 2008) (Published): Death Penalty; Federal: This is a federal capital case that is affirmed on direct appeal. It involved the "sniper" killings of two campers at the Winding Stair Campground in the Ouchita National Forest on July 10, 2003. Fields plead guilty and thus a host of penalty phase issues were raised (by myself and Vicki Mandell-King of the Federal Public Defender's Office in Denver), as well as a very complex jurisdictional argument.
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