Vermont

After a two-week long ​“exten­sive hear­ing regard­ing the unre­li­a­bil­i­ty and arbi­trari­ness of the death penal­ty sys­tem, the exces­sive delay involved in exe­cu­tions, and the grow­ing decline in the use of the death penal­ty,” U.S. District Court Judge Geoffrey Crawford (pic­tured) ruled in the case of U.S. v. Donald Fell that the Federal Death Penalty Act (“FDPA”) ​“falls short of the [con­sti­tu­tion­al] stan­dard … for iden­ti­fy­ing defen­dants who meet…

A court hear­ing is under way in the cap­i­tal tri­al of Donald Fell in a Vermont fed­er­al dis­trict court chal­leng­ing the con­sti­tu­tion­al­i­ty of the fed­er­al death penal­ty. This week, death penal­ty experts tes­ti­fied for the defense about sys­temic prob­lems Fell’s lawyers say may ren­der the fed­er­al death penal­ty uncon­sti­tu­tion­al. Fell was sen­tenced to death in 2006, but was grant­ed a new tri­al because of juror mis­con­duct. The hear­ing began on July 11 and is scheduled…

U.S. District Court Judge Geoffrey Crawford has ordered an evi­den­tiary hear­ing on Donald Fell​’s (pic­tured) chal­lenge to the con­sti­tu­tion­al­i­ty of the fed­er­al death penal­ty. In court fil­ings seek­ing to bar fed­er­al pros­e­cu­tors from seek­ing death against him in a pend­ing retri­al, Fell has argued that the fed­er­al death penal­ty con­sti­tutes cru­el and unusu­al pun­ish­ment in vio­la­tion of the Fifth and Eighth Amendments to the U.S. Constitution. Among oth­er grounds, he has assert­ed that…

Lawyers for cap­i­tal defen­dants and death row inmates across the coun­try have begun to respond to what lawyers in one fed­er­al case described as the ​“clar­i­on call for recon­sid­er­a­tion of the con­sti­tu­tion­al­i­ty of the death penal­ty” issued by Supreme Court Justices Stephen Breyer and Ruth Bader Ginsburg in their dis­sent­ing opin­ion in June in Glossip v.