Fraudster Durham wins hearing on whether lawyer’s $1M fee created conflict

Fair Finance fraud felon Tim Durham will get a chance to grill his former trial attorney over whether his $1 million wire fraud defense representation fee created a conflict of interest between money the lawyer could pocket versus paying for witnesses Durham claims could have testified in his favor. A federal judge recently granted a new hearing on that and other grounds as Durham seeks to chisel away at his 50-year prison sentence.

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Southern District finds ‘immediate need’ to remove, amend death penalty rule

The Indiana Southern District Court determined there was an immediate need to delete Local Criminal Rule 6-1 ­– Petitions Under 28 U.S.C. Section 2254 or 2255 in Cases Involving a Sentence of Capital Punishment, according to a Monday notice. In response, the rule was replaced with the adoption of Local Criminal Rule 38-2 – Cases Challenging the Conviction and/or Sentence Where a Sentence of Death Has Been Imposed.  

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Woman’s murder conviction vacated for ineffective counsel

A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.

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