A rare sitting of the full U.S. Court of Appeals for the Eleventh Circuit on Tuesday presented an even rarer event: a death row inmate and the Georgia attorney general’s office agreeing on something.
The capital case was the lone matter before 11 judges, who sit en banc a few times a year. There was no discussion of the facts of the murder for which Marion Wilson Jr. is facing execution, or his lawyers’ claims that the jury that sentenced him to death didn’t hear enough about his difficult childhood. Instead, the lawyers and judges debted a procedural question with the small potential to make a difference in a lot of cases.
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