Entries by Death Penalty Information Center
News
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…
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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…
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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…
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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…
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Nov 27, 2009
STUDIES: A Review of the Florida Death Penalty
Christopher Slobogin, Professor of Law and Psychiatry at Vanderbilt University, has written an evaluation of Florida’s death penalty to be published in a forthcoming edition of the Elon University Law Review. The evaluation is based on a study by an assessment team sponsored by the American Bar Association. Florida is one of the leading states in sentencing people to death, but it also has the most death row exonerations…
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Nov 25, 2009
Kentucky Supreme Court Puts Death Penalty on Hold
On November 25, the Supreme Court of Kentucky ruled that changes to the state’s lethal injection protocol were not properly adopted and must be submitted for public review and approval before executions can take place. According to the opinion, “[T]his Court cannot ignore the publication and public hearing requirements set forth in Kentucky statutes. Thus, the Department must proceed … to adopt as an administrative regulation all portions of the…
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Nov 24, 2009
NEW VOICES: Kentucky Public Defenders Call for Moratorium on Executions
On November 23, Kentucky Public Advocate Ed Monahan and Louisville Metro Chief Public Defender Dan Goyette called on the governor and the state’s Attorney General to stay all executions until an assessment team formed by the American Bar Association can objectively review the state’s death penalty. Monahan and Goyette wrote letters asking Attorney General Jack Conway not to request any further execution warrants…
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Nov 23, 2009
Subject of Famous Supreme Court Decision Has Made a New Life
James Tyrone Woodson’s death sentence was overturned by the U.S. Supreme Court in 1976 because the jury had not been allowed to consider any mitigating factors in his life or about his peripheral role in the crime. The Court not only rejected Woodson’s death sentence, but held that a mandatory death penalty system was unconstitutional. Woodson had been convicted in 1974 of first-degree murder, which was automatically punishable by the death…
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Nov 20, 2009
BOOKS: The Last Lawyer – The Fight to Save Death Row Inmates
The Last Lawyer: The Fight to Save Death Row Inmates is a book by John Temple about the courageous work of a death penalty defense attorney in the south. Ken Rose is an attorney at the Center for Death Penalty Litigation in North Carolina. He has handled many capital cases, but the focus of this book is his defense of Bo Jones, a mentally handicapped farmhand convicted of a murder that…
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Nov 19, 2009
Death Sentences Have Become Rare in Virginia
Virginia has not had a death verdict from a jury since March 2008, the longest stretch of time without a death verdict since the death penalty was reinstated in the 1970s. Nationally, there has also been a decline in death sentences: according to the Bureau of Justice Statistics, there were 115 death sentences in 2007, 65% less than the 326 that were handed down in 1995. In Virginia, part of this decline might be attributed to a change in state law…
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