500^th Texas Execution Scheduled Despite Concerns about Racial Bias and Quality of Legal Representation

Kimberly McCarthy (pic­tured), who is fac­ing exe­cu­tion on June 26, is sched­uled to become the 500^th per­son exe­cut­ed in Texas since 1976. McCarthy’s attor­ney, Maurie Levin, recent­ly filed a new motion to stay the exe­cu­tion because racial dis­crim­i­na­tion and inad­e­quate legal rep­re­sen­ta­tion played sig­nif­i­cant roles in McCarthy’s case. According to the fil­ing, only four non-white poten­tial jurors made it to the final selec­tion from an ini­tial pool of 64 prospec­tive jurors. Three of the four poten­tial jurors were removed from the final jury by the pros­e­cu­tion using peremp­to­ry strikes. Levin also argues that McCarthy’s exe­cu­tion should be stayed because she received inad­e­quate legal rep­re­sen­ta­tion. In a recent U.S. Supreme Court rul­ing in Trevino v. Thaler, the Court said Texas courts are required to con­sid­er appeals from death row inmates who claim inef­fec­tive assis­tance of counsel.

(E. Pilkington, ​“Texas poised to exe­cute 500^th pris­on­er as lawyers fight to save her life,” The Guardian, June 20, 2013). See Race and Representation.