2 Analyses of this case by attorneys

  1. Capital Defense Weekly, July 24 , 2000

    Capital Defense NewsletterJuly 24, 2000

    And the only "cause" that Oken has advanced for this procedural default -- the ineffective assistance of hisOken I appellate counsel -- was itself procedurally defaulted because Oken failed to make any mention of it in his opening brief to the Maryland Court of Appeals inOken II.See Oken II, 681 A.2d at 36 n.5;see also Health Servs. Cost Review Comm'nv.Lutheran Hospital of Maryland, Inc., 472 A.2d 55, 61 (Md. 1984) (holding that issues raised only in the reply brief, and not the opening brief, are waived);Federal Land Bank of Baltimore, Inc.v.Esham, 406 A.2d 928, 938 (Md. Ct. Spec. App. 1979) (same). And Oken has also failed to make any showing of "cause" and "prejudice" to excuse this last procedural default.

  2. Capital Defense Weekly, July 23 , 2000

    Capital Defense NewsletterJuly 23, 2000

    And the only "cause" that Oken has advanced for this procedural default -- the ineffective assistance of hisOken I appellate counsel -- was itself procedurally defaulted because Oken failed to make any mention of it in his opening brief to the Maryland Court of Appeals inOken II.See Oken II, 681 A.2d at 36 n.5;see alsoHealth Servs. Cost Review Comm'nv.Lutheran Hospital of Mary-land, Inc., 472 A.2d 55, 61 (Md. 1984) (holding that issues raised only in the reply brief, and not the opening brief, are waived);FederalLand Bank of Baltimore, Inc.v.Esham, 406 A.2d 928, 938 (Md. Ct. Spec. App. 1979) (same). And Oken has also failed to make any showing of "cause" and "prejudice" to excuse this last procedural default.