Entries by Death Penalty Information Center
News
Dec 14, 2009
NEW VOICES: Veterans and the Death Penalty
Two former military servicemen raised concerns about the use of the death penalty for war veterans who have endured traumatic experiences while serving in the United States military. Karl Keys, a former Marine, and Bill Pelke, a former sergeant in the First Air Cavalry, cited the examples of James Floyd Davis and Manny Babbitt, veterans who received Purple Hearts for their service in the Vietnam War but were sentenced to death nevertheless.
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Dec 11, 2009
Supreme Court Restores Death Sentence for Escapee
On December 8, the U.S. Supreme Court overruled a lower federal court that had given relief to Joseph Kindler, a Pennsylvania death row inmate. Kindler had been convicted of murder in 1982, but then escaped to Canada from the Philadelphia Detention Center in 1984. Prior to his escape, his attorneys had filed post-verdict motions challenging his conviction and sentence. Kindler was subsequently caught and, upon his return to the U.S., he tried…
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Dec 11, 2009
BOOKS: Angel of Death Row
Renowned death penalty defense attorney Andrea Lyon’s forthcoming book, Angel of Death Row: My Life as a Death Penalty Defense Lawyer, chronicles her 30 years of experience representing clients in capital murder cases. In all of the 19 cases where she represented defendants who were found guilty of capital murder, jurors spared her clients’ lives. Lyon, who was featured in the PBS documentary Race to Execution and was called the “angel of death row”…
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Dec 09, 2009
Legal Scholar Calls Withdrawal of Model Penal Code a “Quiet Blockbuster”
Franklin E. Zimring is a distinguished professor of law and scholar at the Berkeley School of Law who has followed the development of the modern death penalty over many decades. Writing recently in the National Law Journal, Prof. Zimring said the recent action by the American Law Institute to withdraw the death penalty provisions from its Model Penal Code deprives the punishment of any legal legitimacy. “[T]he institute has pulled…
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Dec 08, 2009
New Hampshire Commission Studies Cost of the Death Penalty
On December 4, the New Hampshire Commission to Study the Death Penalty held a hearing in Concord to examine the cost of the death penaty in the state. The twenty-two member Commission, led by retired Judge Walter Murphy, has been charged with considering several issues, including whether the death penalty is a deterrent, if it is arbitrarily applied, and if it covers the appropriate crimes. The Commission is considering alternatives to capital punishment and…
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Dec 07, 2009
ARTICLES: “Selective Empathy” at Issue in Recent Supreme Court Opinion
Linda Greenhouse, former Supreme Court writer for the New York Times, recently wrote about the reversal of a death sentence by the U. S. Supreme Court. The Court overturned George Porter Jr.‘s death sentence because of the inadequate representation he received and the powerful mitigating evidence in Mr. Porter’s life that his attorney failed to investigate and present to the jury considering his client’s life. The Court’s opinion noted, “Our nation…
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Dec 04, 2009
Ohio Inmate Challenges New Execution Method Before Dec. 8 Date
Kenneth Biros, who is scheduled for execution in Ohio on December 8, requested an emergency stay of execution in U.S. District Court, arguing that Ohio is moving too fast to use its new, one-drug lethal injection process. Last month, Ohio became the first state to adopt a one-drug lethal injection protocol when its three-drug method came under scrutiny following the botched execution attempt on death row inmate Romell Broom.
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Dec 03, 2009
Supreme Court Justices Disagree About Lengthy Time on Death Row
Justices John Paul Stevens and Clarence Thomas disagreed over whether to grant a stay of execution to Cecil Johnson, Jr., who was was convicted of murder in a 1980 shooting at a convenience store in Tennessee. Johnson had been on death row for nearly three decades. Justice Stevens said this lengthy time between his sentencing and execution could amount to cruel and unusual punishment: “[T]he delay itself subjects death row inmates to decades…
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Dec 01, 2009
Mental Retardation and Poor Representation Asserted in Upcoming Texas Execution
Attorneys for Bobby Wayne Woods are seeking to delay his December 3 execution because of his trial lawyer’s incompetent representation and the fact that Woods is mentally retarded. Woods’ current lawyer is asking the Texas Board of Pardons and Paroles for a 60-day reprieve so that it can assess Woods’ mental competency for execution. Attorney Maurie Levin, an adjunct law professor at the University of Texas, said that the prior lawyer failed to plead Woods’…
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Nov 30, 2009
U.S. Supreme Court Reverses Death Sentence Citing Veteran’s War Trauma
On November 30, the United States Supreme Court overturned the death sentence of George Porter, a Korean War veteran from Florida who had been convicted of murder in 1988. The Court stated that Porter’s trial lawyer failed to investigate and present ample mitigating evidence, including the fact that Porter’s battle service in the war left him severely traumatized. The U.S. Court of Appeals for the Eleventh Circuit had held that such evidence would not have…
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