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"Mr Moseley was eligible for 20 years for his heinous crime," it read.

"Had he committed the same offence with his wife after she was dead, he could only have received half the time.

Clive Stafford Smith is leaving with one last victory.

After a quarter of a century working at the heart of America's criminal justice system - mainly fighting for people sentenced to death - the celebrated 44-year-old lawyer is returning to Britain.

Had he committed the crime with a deceased donkey in the public square, he could not have been sentenced to as long in prison as for having oral sex with his wife.

The law is patently unconstitutional as applied to Mr Moseley in this case." Much of his work has involved cases in which Mr Smith believed his clients were utterly innocent.

But Clayton County Superior Court Judge William Ison decided - having heard Mr Moseley claim that the oral sex with his wife had always been consensual - decided the defendant had to go to jail.

He might have followed that career path had he not spent a summer working with the Atlanta Team Defence Project, visiting death-row prisoners across Georgia.

Very soon he realised that journalism was not for him. He later graduated from the Columbia Law School, worked as a staff lawyer for the Southern Centre for Human Rights in Atlanta for nine years and then founded the Louisiana Justice Centre, which operates from the premises of a former radio station and has a staff of 23.

As with a Grisham novel, the matter of execution is never far from Mr Smith's world.

He estimates that he has handled more than 300 death-row cases. But it is not as bad, not nearly as bad, as seeing a jury sentence someone to death.


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