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| High Court Stops Virginia Execution |
| By Reuters |
| Published: 04/18/2001 |
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The U.S. Supreme Court on Monday issued a stay of execution, a day before a Virginia inmate was to be put to death, so it can consider claims his constitutional rights were violated because his trial lawyer had previously represented the murder victim. The high court agreed to hear an appeal by Walter Mickens, 46, who had been scheduled to be executed on Tuesday for the 1992 murder of Timothy Hall, 17, in Newport News, Virginia. Lawyers for Mickens discovered his trial attorney, Bryan Saunders, had previously represented the victim in an unrelated case. The judge who dismissed the charges against Hall after his death also appointed Saunders to represent Mickens. Mickens argued his attorney had a conflict of interest that rendered his representation inadequate, in violation of the constitutional guarantee of effective counsel. A U.S. appeals court rejected the argument, saying Mickens had failed to prove that Saunders' dual role had adversely affected the quality of his work on behalf of Mickens. The justices will consider whether the appeals court erred in saying a defendant must show an actual conflict of interest and an adverse impact to establish a constitutional violation when a trial court fails to inquire into a potential conflict of interest about which it reasonably should have known. The Supreme Court will hear arguments in the case and will issue its decision during its term that begins in October. |
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