Entries by Death Penalty Information Center

The Florida Supreme Court has vacated James Floyd’s 1985 conviction and death sentence, ruling that critical evidence was withheld by the prosecution and that the evidence might have been enough to change the verdict at trial. In its 4 – 2 decision, the Court ruled that the prosecutor’s failure to inform Floyd’s defense counsel that an eyewitness had seen two white men entering the victim’s home on the day of the murder and saw them leave in a suspicious manner approximately one hour later…

The Death Penalty Information Center Web site contains summaries of the issues in upcoming Supreme Court arguments related to the death penalty, as well as summaries of recent Supreme Court decisions. Upcoming Arguments March 28, 2005: Medellin v. Dretke — See DPIC’s Summary April 19, 2005: Bradshaw v. Stumpf — See DPIC’s Summary April 26, 2005: Bell v. Thompson — See DPIC’s Summary Recent Decisions Brown v. Payton — See DPIC’s Summary Roper v. Simmons — See DPIC’s Summary See also…

A recent article in the Western New England Law Review examines ways in which the rules of evidence and procedures at capital sentencing trials are less rigorous than those applied at the guilt-phase of the trial. In capital sentencing hearings, evidence is permitted that would not be admissible to prove guilt. The defendant does not receive traditional trial protections at the sentencing trial. For example, hearsay may be received by the jury during sentencing, but is generally inadmissible at…

An Oklahoma County District Judge has determined that Osbaldo Torres, a Mexican foreign national who was once on Oklahoma’s death row, should have been told before his trial that he had a right to contact his home country’s consulate. Judge Twyla Mason Gray also found that Torres had ineffective counsel at his trial. Her findings stem from a December hearing held at the request of the State Court of Criminal Appeals. The appeals court wanted Judge Gray to hear evidence about Torres’…

U.S. Senator Rick Santorum, an outspoken conservative Catholic from Pennsylvania, is re-examining his views on capital punishment. In response to the announcement by the U.S. Catholic Conference of Bishops concerning their new Campaign to End the Use of the Death Penalty, Santorum said, “I felt very troubled about cases where someone may have been convicted wrongly. DNA evidence definitely should be used when possible. I agree with the pope that in the civilized world … the application of the…

A national poll of Roman Catholic adults conducted by Zogby International found that Catholic support for capital punishment has declined dramatically in recent years. The Zogby Poll was released on March 21, 2005 at a press conference of the United States Conference of Catholic Bishops as it announced a new Campaign to End the Use of the Death Penalty. The poll revealed that only 48% of Catholics now support the death penalty. Comparable polls by other organizations had resgistered a 68%…

America Without the Death Penalty: States Leading the Way provides a comprehensive review of the conditions that resulted in twelve U.S. states not having capital punishment. The book looks at factors such as economic conditions, public sentiment, mass media, population diversity, murder rates, and the regional history of executions, that led to abolition in those states. The book’s authors, Professors John F. Galliher, Larry W. Koch, David Patrick Keys, and Teresa J. Guess, provide an in-depth…

The capital convictions of dozens of people from Alameda County, California are coming under legal scrutiny because of an accusation that Jews and black women were excluded from juries in capital trials in the county as “standard practice.” The practice was revealed in a sworn declaration by former Alameda prosecutor John R. Quatman in the habeas corpus proceedings of Fred Freeman, a man on California’s death row who is seeking to have his conviction overturned. Quatman noted that the judge at…

A recent Mason-Dixon Polling & Research survey of Maryland voters found that 63% believe that life without the possibility of parole is an acceptable substitute for the death penalty. Only 21% stated that they believe it is not an acceptable alternative to the death penalty, and 16% were not sure. The poll, sponsored by the Maryland Catholic Conference, revealed that among women, 66% believe the alternative sentence of life without parole is an acceptable substitute for capital punishment.

In an historic move to ensure that Texas fairly applies the death penalty and that defendants are afforded proper legal protections to prove their innocence, Texas Governor Rick Perry appointed a nine-member special council with sweeping powers to review an array of legal issues ranging from police investigations to court appeals. The appointment of the panel is the first acton of its kind by a Texas governor in decades. “I have great confidence in our justice system, but no system is perfect…