Legal Opinion
Booth-El v. Nuth
District Court, D. Maryland
Decided April 20, 2001No. CIV.A. CCB-97-1252PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
BLAKE, District Judge.
On August 17, 1990, petitioner John Booth-El was sentenced to death for his role in the murders of Irvin and Rose Bronstein. Currently before the court is Booth-El’s Petition for Writ of Habeas Corpus. After considering the parties’ briefs and arguments, the court concludes that the removal of diminished capacity as a result of intoxication as a statutory mitigating factor at Booth-El’s 1990 re-sentencing violated the Ex Post Facto Clause. Accordingly, it will grant relief as to that claim. 1 Booth-El’s remaining claims either were procedurally defaulted or do…
2Cases cited121 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Brady v. MarylandSupreme Court of the United States · 1963
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Mathews v. EldridgeSupreme Court of the United States · 1976
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3Cited by3 opinions
- John Booth-El v. Eugene M. Nuth, Warden J. Joseph Curran, Jr., John Booth-El v. Eugene M. Nuth, Warden J. Joseph Curran, Jr.Court of Appeals for the Fourth Circuit · 2002
- Black v. BellDistrict Court, M.D. Tennessee · 2001
- Jackson v. United StatesDistrict Court, W.D. North Carolina · 2009