States urge Supreme Court to hear Kennedy cousin case
Law Review
Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.
The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.
The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.
Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.
The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny.
Related listings
-
Senator asks court to declare Duterte arrest order illegal
Law Review 09/06/2018A Philippine senator who has taken refuge in the Senate to avoid an arrest order by President Rodrigo Duterte asked the Supreme Court on Thursday to declare the order illegal and called on the military to defy it.Sen. Antonio Trillanes IV, Duterte's ...
-
California high court rules for immigrant kids in visa fight
Law Review 08/15/2018The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.State judges cannot ...
-
N Carolina Supreme Court race lawsuit returning to court
Law Review 08/11/2018A North Carolina Supreme Court candidate's lawsuit against Republican legislators over a law preventing him from having his party listed on November ballots is returning to court.A judge scheduled a Wake County hearing Monday to consider requests by ...