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Tag Archives: diminished capacity

Justices won’t let Mich. defendant reargue diminished capacity

The U.S. Supreme Court has ruled that a Michigan murder defendant’s due process rights were not violated when a change in state law following his 1994 conviction prevented him from reasserting a diminished-capacity defense when he later won a new ...

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Court finds defendant’s retro plea a tough sell

WASHINGTON – Can a common practice in criminal defense trigger constitutional protections when it’s suddenly changed? The justices of the U.S. Supreme Court didn’t seem to think so, at least in the context of Metrish v. Lancaster, which was argued ...

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CRIMINAL LAW

Could a state trial court retroactively apply a ruling from its supreme court that abolished the diminished-capacity defense? See “Can state retroactively abolish diminished-capacity defense?” Lancaster v. Metrish, No. 12-547.Certiorari granted: Jan. 18, 2013. Ruling below: 683 F.3d 740 (6th ...

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