Entries by Death Penalty Information Center


News 

Mar 162010

LAW REVIEWS: Challenging the Constitutionality of the Federal Death Penalty

A recent arti­cle in the Akron Law Review asks whether the Federal Death Penalty Act (FDPA) is in com­pli­ance with the Sixth Amendment​’s right to con­front wit­ness­es because it allows hearsay evi­dence in deter­min­ing whether a defen­dant is eli­gi­ble for the death penal­ty. During a typ­i­cal crim­i­nal tri­al, the accused has the right to chal­lenge and cross exam­ine the tes­ti­mo­ny of state wit­ness­es who must appear in per­son. But in a death…

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Mar 152010

REPRESENTATION: Underfunded Georgia Capital Case Still Waiting for Trial After Five Years

Lawyers for Khanh Dinh Phan asked the Georgia Supreme Court to dis­miss the charges against him or to bar the state from seek­ing the death penal­ty because the state has been unable to pay for Phan’s defense. After his arrest in 2005, Chris Adams and Bruce Harvey were appoint­ed to rep­re­sent Phan.​“The state of Georgia has made Mr. Harvey and myself pot­ted plants,” Adams recent­ly said.​“We are lawyers in name only. … The state of Georgia has failed, and failed…

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News 

Mar 122010

INTERNATIONAL-NEW VOICES: Taiwan Justice Minister Resigns Rather Than Sign Death Warrants

Taiwan​’s Minister of Justice, Wang Ching-feng, recent­ly resigned from her post after express­ing her strong oppo­si­tion to the country’s death penal­ty. Since her posi­tion was essen­tial to her beliefs but incom­pat­i­ble with those of Taiwan’s President Ma Ying-jeou and some mem­bers of her own polit­i­cal par­ty, she decid­ed not to con­tin­ue in office.​“I would rather step down than sign any death war­rant,” she said.​“If these con­victs can have an…

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News 

Mar 112010

NEW VOICES: Former Texas District Attorney Calls for DNA Testing Before Pending Execution

Sam Millsap, a for­mer Texas dis­trict attor­ney from San Antonio, recent­ly called for DNA test­ing in the case of Hank Skinner, who is sched­uled for exe­cu­tion on March 24. Texas has so far refused to con­duct addi­tion­al DNA tests on crit­i­cal evi­dence from the crime scene that could sup­port Skinner’s claim of inno­cence. For the last decade, the state has blocked DNA test­ing of key pieces of evi­dence, includ­ing a knife that might…

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News 

Mar 102010

Governor Postpones Execution of Inmate Found Unconscious in Death Row Cell

On March 8, Ohio Governor Ted Strickland post­poned the exe­cu­tion of Lawrence Reynolds, who was found uncon­scious in his death row cell hours before he was to be dri­ven to the exe­cu­tion facil­i­ty. Reynolds, who was sen­tenced to die for a mur­der in 1994, appar­ent­ly took an over­dose of pills despite being under a 72-hour watch that includes fre­quent mon­i­tor­ing by prison guards. He was found uncon­scious in his cell around 11:30 pm, and was…

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News 

Mar 092010

LAW REVIEWS: Condemned Defendants Should Comprehend Death

A recent arti­cle by Prof. Jeffrey Kirchmeier of the City University of New York School of Law enti­tled,​“The Undiscovered Country: Execution Competency & Comprehending Death” explores whether men­tal­ly dis­abled inmates who do not under­stand that exe­cu­tion means the end of their phys­i­cal life should be spared. Kirchmeier exam­ines Supreme Court prece­dent under the Eighth Amendment that requires that a con­demned defen­dant be com­pe­tent in order to be…

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News 

Mar 082010

STUDIES: High Percentage of Death Sentences in North Carolina Later Deemed Excessive

Most of those orig­i­nal­ly con­demned to death in North Carolina even­tu­al­ly received less­er sen­tences when their cas­es were con­clud­ed, accord­ing to Professor Frank Baumgartner, a researcher at the University of North Carolina. Many of those sen­tenced to death received a new tri­al because their first tri­al was seri­ous­ly flawed. At their sub­se­quent tri­als, the vast major­i­ty were sen­tenced to a pun­ish­ment less than death,…

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News 

Mar 052010

NEW VOICES: Texas Judge Rules Death Penalty Unconstitutional

On March 4, Houston District Judge Kevin Fine grant­ed a pre­tri­al motion in a cap­i­tal case and declared the death penal­ty in Texas uncon­sti­tu­tion­al. Judge Fine said the state’s law vio­lates a defendant’s right to due process because of the risk of exe­cut­ing an inno­cent per­son. The judge based his rul­ing on stud­ies around the coun­try and in Texas that indi­cat­ed,​“it can only be con­clud­ed that inno­cent peo­ple have been executed….Are you…

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News 

Mar 042010

After 20 Years, Ohio Death Row Inmate May Be Exonerated

On March 3, a fed­er­al District Court barred the re-pros­e­cu­­­tion of for­mer Ohio death row inmate Joe D’Ambrosio (pic­tured) for the mur­der of Tony Klann over 22 years ago. The court had ruled in 2006 that state pros­e­cu­tors improp­er­ly with­held evi­dence about their star wit­ness that could have exon­er­at­ed D’Ambrosio at his 1989 tri­al. That rul­ing led to D’Ambrosio’s con­vic­tion and death sen­tence being vacat­ed, and he was eventually…

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News 

Mar 032010

Washington Becomes Second State to Adopt One-Drug Protocol

On March 2, Washington became the sec­ond state to switch its lethal injec­tion method from the three-drug cock­tail used in almost all states to a one-drug pro­to­col. Ohio was the first state to change to the sin­­­gle-drug pro­to­col after the failed exe­cu­tion attempt involv­ing Romell Broom. Broom was ulti­mate­ly removed from the exe­cu­tion cham­ber when the cor­rec­tion­al offi­cers were unable to com­plete the exe­cu­tion. In…

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