Entries by Leah Roemer
News
Apr 25, 2025
Premature Execution Warrants in Louisiana Deny Death-Sentenced Prisoners Due Process and Fair Consideration of Constitutional Claims
The Supreme Court has consistently held that“death is different”: the“qualitative difference between death and other penalties calls for a greater degree of reliability when the death sentence is imposed.” As a result, capital defendants pursue a series of mandatory and discretionary appeals to ensure that mistakes of constitutional significance are identified and corrected. However, death-sentenced prisoners in Louisiana recently argued that the…
Read MoreNews
Apr 15, 2025
United States Supreme Court Denies Review for Death-Sentenced Missouri Man Whose Jury Foreman Was Removed for Bias
On March 31, the Supreme Court declined to hear the appeal of Lance Shockley of Missouri, the 36th death-sentenced person to be denied certiorari by the Court this year. At trial, Mr. Shockley’s jury foreman was removed before the sentencing phase based on evidence of serious bias — but Mr. Shockley’s attorney declined the opportunity to question the foreman or other jurors about the misconduct, and his conviction, which the foreman participated in, was allowed to…
Read MoreNews
Mar 28, 2025
“He Looks a Little Like the Defendant”: A Closer Look at the History of Racial Bias in Jury Selection
As closing arguments of his trial began in Johnston County, North Carolina, Hasson Bacote watched as Assistant District Attorney Gregory Butler urged the jury to sentence him to death. Mr. Bacote, a Black man, had been convicted of fatally shooting 18-year-old Anthony Surles during a robbery when Mr. Bacote was just 21 years old. Mr. Bacote admitted he had fired a single shot out of a trailer, but said he did not know that he hit anyone.“Hasson Bacote is a thug: cold-blooded…
Read MoreNews
Mar 24, 2025
Four Executions in Three Days Spotlight Constitutional Concerns About Death Penalty
In a three-day span from March 18 to March 20, four men were executed in four different states. Two of the men put to death, in Louisiana and Arizona, were the first executed in their state in years. While the close timing of the executions resulted from independent state-level decisions and individualized legal developments rather than any coordinated national effort, all four executions raised serious constitutional concerns. ### March 18: Jessie Hoffman (LA) On…
Read MoreNews
Feb 11, 2025
State Spotlight: California Death Row Shrinks Sharply in 2024, Driven by the Resentencing of At Least 45 People to Life Sentences or Less
When California Governor Gavin Newsom announced a moratorium on executions in 2019, he said that the state’s“death penalty system has been, by all measures, a failure.” He explained that the death penalty“has discriminated against defendants who are mentally ill, Black and brown, or can’t afford expensive legal representation…[while providing] no public safety benefit or value as a deterrent.” In 2024, California courts agreed that execution was not the…
Read MoreNews
Jan 22, 2025
Supreme Court Rules in Favor of Only Woman on Oklahoma Death Row, Confirming Admission of Prejudicial, Gendered Evidence Can Violate Due Process Rights
At Brenda Andrew’s 2004 trial in Oklahoma for the murder of her husband, the prosecutor called witnesses to testify about her“provocative” clothing and her previous sexual relationships, and questioned“whether a good mother would dress or behave” the way she had. Jurors heard Ms. Andrew called a“hoochie” and a“slut puppy.” In his closing argument, the prosecutor opened a suitcase and showed the jury Ms. Andrew’s underwear, asking,“The grieving widow…
Read MoreNews
Jan 14, 2025
New Analysis: Marion Bowman’s Scheduled Execution in South Carolina Raises Concerns About Youth Culpability, Fits Pattern of Disproportionate Executions of Young Black Men
When Marion Bowman was arrested at age 20 for the murder of Kandee Martin, society did not consider him mature enough to drink alcohol, rent a car, or enter a casino. Yet he was deemed old enough to be sentenced to death. Now 44, he has spent over half his life on South Carolina’s death row and is scheduled for execution on January 31. “Retribution is not proportional if the law’s most severe penalty is imposed on one whose culpability or blameworthiness is diminished, to a substantial degree…
Read MoreNews
Jan 07, 2025
Aaron Gunches Asks for February Execution Date, Raising New Concerns About Arizona’s Lethal Injection Protocol and the Execution of “Volunteers”
No jury has ever learned about Aaron Gunches’ life history and experiences, nothing about his childhood, mental and physical health, or trauma — the mitigation evidence that the Supreme Court has said is essential to a constitutional death sentence. Arizona courts judged Mr. Gunches competent to represent himself in two separate trials for the murder of his ex-girlfriend’s husband, and he presented no defense in either proceeding. Jurors twice sentenced him…
Read MoreNews
Dec 17, 2024
Indiana’s First Execution in 15 Years Raises Serious Constitutional Concerns
If Joseph Corcoran had been sentenced to death just a few miles to the east, across the border in Ohio instead of in Fort Wayne, Indiana, it’s likely that a court would have barred his execution. Ohio law prevents a person with a serious mental illness (SMI) at the time of their crime, defined as schizophrenia, schizoaffective disorder, bipolar disorder, or delusional disorder, from being put to death. Mr. Corcoran, who has a long history of paranoid…
Read MoreNews
Dec 05, 2024
Hidden Casualties: Executions Harm Mental Health of Prison Staff
In March, Oklahoma officials asked the state’s high court to increase the time between executions from 60 to 90 days, citing the“lasting trauma” and“psychological toll” of executions on corrections officers. But Judge Gary Lumpkin dismissed these concerns, telling officials that prison staff needed to“suck it up” and“man up.” A few weeks later, Brian Dorsey was executed in Missouri after the governor ignored the pleas of an unprecedented 72 corrections…
Read More