Entries by Leah Roemer


News 

Apr 252025

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…

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News 

Apr 152025

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…

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News 

Mar 282025

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…

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News 

Mar 242025

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…

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News 

Feb 112025

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…

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News 

Jan 222025

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…

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News 

Jan 142025

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…

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News 

Jan 072025

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…

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News 

Dec 172024

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…

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News 

Dec 052024

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…

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