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Accordingly, we reverse and remand for issuance of the writ, unless the State elects to reprosecute the penalty phase. 701, 774 P.2d 730, 733-35 (1989), and which neither party disputes. In contrast, where the prosecution presents or fails to correct false evidence in violation of Napue, we assess whether there is “ ‘any reasonable likelihood that the false testimony could have affected the judgment of the jury.’ ” Jackson, 513 F.3d at 1078 (quoting Hayes v. First, the jury received ample evidence of the connections between Gilbert's family and Detective Salazar.
However, we conclude that Hamilton's trial counsel was constitutionally ineffective at the penalty phase for failing to investigate and present to the jury the wealth of classic mitigating evidence that was available to him. Indeed, compared to the overwhelming evidence of Hamilton's guilt, the allegedly suppressed evidence is relatively insignificant.
Marissa explains that the camera had slowly fallen forwards, something that does occasionally occur thanks to the heavy lens.
But as the camera tipped downwards, it focused on the bottom of the blogger’s bed and a tiny childlike hand on the floor.
Busy cafés and bars owned by Portuguese and Italian immigrants who have called the neighbourhood home for decades sit next to swanky new art galleries showcasing the work of local artists.
Just east lies the Landsdale neighbourhood, home to some of Hamilton’s poorest residents, including sex workers and other people living or working on the streets.
Exemplified by two art exhibits and the media coverage that surrounds them, the debate over the right to space in Hamilton reflects similar gentrification struggles being waged in cities across the country in pursuit of sanitized downtown cores pandering to a “creative class” of young urban professionals (for more info on the creative class, click here).Two downtown neighbourhoods in Hamilton, Ontario – James St.