State & Michael Rippo v State, holding, respectively, that the state's so-called McConnell rule ("that it is unconstitutional to base an aggravating circumstance on the same felony upon which a felony murder is predicated") is retroactively applicable to all cases and subject to harmless-error analysis.As always, thanks for reading. - k [read post]

Blaine dismissed for lack of jurisdiction holding an order committing a state capital habeas petitioner for psychiatric evaluation is not a final order on the merits of his habeas petition, and the commitment order did not fall within a narrow class of "collateral" orders that may be reviewed.Up the Delaware River from the Third Circuit (which sits in Philadelphia) the New Jersey Supreme Court (sits in Trenton) finally weighs in on mental retardation… [read post]

New Jersey, 530 U.S. 466 (2000), undermine the Supreme Court's ruling in Almendarez-Torres v. [read post]