Entries by Death Penalty Information Center
News
Jun 05, 2013
LAW REVIEW: “Toward a Right to Litigate Ineffective Assistance of Counsel”
In a forthcoming article in the Washington and Lee Law Review, Ty Alper (pictured), Clinical Professor of Law at the University of California at Berkeley, examines how recent U.S. Supreme Court decisions may affect the ability of defendants to raise claims of ineffective assistance of counsel. Although the right to effective counsel is constitutionally guaranteed, most defendants, especially those charged with non-capital crimes, do not have adequate opportunities during…
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Jun 04, 2013
EDITORIALS: “Gov. Scott Should Veto Bill that Speed Up Death Penalty Punishments”
A June 3 editorial in the Sun Sentinel called on Florida Governor Rick Scott (pictured) to veto the Timely Justice Act, a bill passed by the legislature earlier this year that would accelerate executions. The bill requires the governor to sign a death warrant within 30 days of a Supreme Court review, with an execution to follow within 180 days. According to the editorial, flaws in the system, evidenced by death row exonerations, should be sufficient…
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Jun 03, 2013
RECENT LEGISLATION: Maryland Death Penalty Will Not Face Referendum
Maryland’s death penalty repeal legislation will take effect as scheduled on October 1, 2013 after its opponents were unsuccessful in securing the number of signatures required to put the issue on the November 2014 ballot. Efforts to put Maryland’s death penalty to a statewide vote were led by Baltimore County State’s Attorney Scott D. Shellenberger and a group called MDPetitions.com. On May 31, the group announced that it only collected about 15,000 signatures, falling short…
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May 31, 2013
INTELLECTUAL DISABILITY: Georgia Inmate Appeals Intellectual Disability Claim to U.S. Supreme Court
On May 23, lawyers for Georgia death row inmate Warren Hill (pictured) petitioned the U.S. Supreme Court to prevent his execution, citing strong evidence that Hill has an intellectual disability. Three mental health experts who testified in 2000 that Hill did not have an intellectual disability have now changed their mind about the inmate’s mental health. According to the petition, “all seven mental health experts who have ever evaluated Hill, both the…
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May 30, 2013
Supreme Court Ruling Expands Opportunities for Federal Review of Ineffective Assistance Claims
On May 28, 2013, the Court ruled (5 – 4) in Trevino v. Thaler that death row inmates in Texas can raise claims of ineffectiveness of counsel for the first time in federal court if they did not have a meaningful chance to raise the claim in state appeals. The Court held that its ruling in Martinez v. Ryan (2012), which provided such a right in an Arizona case where state law forbids raising the…
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May 29, 2013
SENTENCING: Foreman in Arias Trial Says Death Sentencing Deliberations are Unfair to Jurors
William Zervakos, jury foreman for the Jodi Arias trial, recently shared the challenges of being a part of a capital jury. Zervakos described jury deliberations in Arias’s case as a “brutal no-win situation” that was “unfair.” He said that the deliberations were full of tears as each juror considered whether they should sentence Jodi Arias to death or life in prison. He said, “We’re not lawyers. We can’t interpret the law. We’re mere mortals. And I will tell…
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May 28, 2013
EDITORIALS: “End the Death Penalty in Kansas and Missouri”
The Kansas City Star recently called for an end to the death penalty in Kansas and Missouri. The editors wrote, “The arc of history is bending toward justice when it comes to the death penalty, and there’s no good reason Missouri and Kansas should lag behind and continue to be on the wrong side of both history and justice.” The high costs of implementing capital punishment and the risks of wrongful executions were among the reasons…
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May 24, 2013
U.S. Court of Appeals Allows Re-Trial of Justin Wolfe Despite State’s Misconduct
On May 22, the U.S. Court of Appeals for the Fourth Circuit ruled (2 – 1) that the federal District Court overstepped its authority when it barred any further prosecution of Justin Wolfe. The Circuit Court upheld the lower court’s order requiring Virginia to either retry Wolfe or release him, and it further held that Virginia failed to comply with that order. In 2002, Wolfe was convicted of conspiracy and sentenced to death in the murder of a…
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May 23, 2013
Colorado Governor Indefinitely Stays Execution Over Concerns About Flawed System
On May 22, Governor John Hickenlooper of Colorado granted an indefinite stay of execution to Nathan Dunlap, who was facing execution in August. In his Executive Order, the governor expressed concerns about the state’s death penalty system, calling it flawed and inequitable. He also noted the national trend away from capital punishment, with five states recently voting to repeal the death penalty and other states rarely using it. Hickenlooper stated, “If the…
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May 22, 2013
Nation’s Longest Serving Death Row Inmate Dies 40 Years After Conviction
Gary Alvord, a Florida inmate who spent more time on death row than any other inmate in the country, died on May 19 of natural causes. Alvord was 66 years old and had been sentenced to death for murder almost 40 years ago, on April 9, 1974. He suffered from schizophrenia and had no close family. Bill Sheppard, who represented Alvord for almost four decades, said, “Gary is a product of a sick system. He was a living example of why we should not have the death…
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