Andrew Michaels∞ I. Introduction II. The Court’s Death Penalty And Categorical-Exemption Jurisprudence A. Atkins and Roper: The Court’s Articulation of the Two-Part Test for Categorical Exemption B. Graham: Finding a National Consensus Against a Punishment Based Solely on the Rarity of its Implementation III. Why
This article reflects on Milke as a case study, and proposes awareness of how Brady violation can interact with risk factors and damage adversarial process.
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.
This article evaluates the efficacy of the Brady disclosure regime in a capital cases and outlines a constitutional remedy.