Entries by Leah Roemer

After sur­viv­ing a botched exe­cu­tion attempt in February, Thomas Creech was sched­uled for exe­cu­tion a sec­ond time on November 13 in Idaho. On Wednesday, November 6, a fed­er­al dis­trict court issued a stay of exe­cu­tion to allow more time to con­sid­er Mr. Creech’s legal claims. The Idaho Department of Corrections announced that ​“exe­cu­tion prepa­ra­tions have been sus­pend­ed” and the exe­cu­tion war­rant will…

Derrick Dearman first told his moth­er that he want­ed to die when he was four years old. On October 17, he was exe­cut­ed by the state of Alabama, becom­ing the 20^th per­son exe­cut­ed in the United States this year and the 165^th in the mod­ern era to ​“vol­un­teer” for death. A new analy­sis by the Death Penalty Information Center shows that despite falling rates of death sen­tences, exe­cu­tions, and pub­lic sup­port for the death penal­ty, the num­ber of death-sen­tenced pris­on­ers waiv­ing their appeals and…

In this month’s episode of Discussions with DPIC, Executive Director Robin Maher speaks with Steve Vladeck, a Georgetown law pro­fes­sor and expert on the Supreme Court. Professor Vladeck is the author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, released in 2023, as well as the week­ly newslet­ter One First, which breaks down the Court’s rul­ings and his­to­ry. Professor Vladeck explains why the Court’s treat­ment of…

On Friday, October 4, the Supreme Court agreed to hear argu­ments in Gutierrez v. Saenz, a case regard­ing death-sen­tenced Texas pris­on­er Ruben Gutierrez’s abil­i­ty to sue the state for DNA test­ing in sup­port of his inno­cence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twen­ty min­utes before his sched­uled exe­cu­tion. Mr. Gutierrez was con­vict­ed and sen­tenced to death in 1999 for the mur­der and rob­bery of an 85-year-old woman but has long main­tained his innocence.

American pros­e­cu­tors have immense pow­er and rel­a­tive­ly unchecked dis­cre­tion in cap­i­tal cas­es. But in sev­er­al recent cas­es, death-sen­tenced pris­on­ers reached agree­ments with pros­e­cu­tors that would have saved them from exe­cu­tion, only to learn that anoth­er offi­cial had inter­fered to block the agree­ment. Critics have argued that these deci­sions sow pub­lic dis­trust in the legal process and raise con­cerns that gov­ern­ment offi­cials may be exploit­ing death penal­ty cas­es for political…

Scientists and oth­er experts are unan­i­mous in their con­clu­sion that indef­i­nite or pro­longed soli­tary con­fine­ment caus­es seri­ous harm, and the United Nations says it amounts to tor­ture — yet most death-sen­tenced peo­ple in America are con­fined to these extreme con­di­tions of iso­la­tion and depri­va­tion for years. As of 2020, a dozen states rou­tine­ly kept death-sen­tenced pris­on­ers in sin­gle cells for at least twen­ty-two hours a day with lit­tle-to-no human con­tact. Two recent devel­op­ments in capital…

The United States has reached a mile­stone in the admin­is­tra­tion of cap­i­tal pun­ish­ment this week. All four sched­uled exe­cu­tions in Texas, Missouri, Oklahoma, and Alabama took place, mark­ing the 1600^th exe­cu­tion in the mod­ern era of the death penal­ty in the U.S., despite pub­lic opin­ion polls show­ing grow­ing con­cerns about the fair­ness and accu­ra­cy of the death penal­ty and declin­ing sup­port for its…

In hon­or of Hispanic Heritage Month (Sept. 15-Oct. 15), DPI is post­ing a week­ly fea­ture on Hispanic or Latino/​a peo­ple who have had a sig­nif­i­cant impact on the death penal­ty in the U.S. The first post in this series tells the sto­ry of Leonel Herrera, the defen­dant at the cen­ter of a key Supreme Court case on…

Taberon Honie was an American Indian from the Hopi-Tewa com­mu­ni­ty whose life was marked by pover­ty, sub­stance abuse, and gen­er­a­tional trau­ma. His par­ents were forced to attend Indian board­ing schools, which were noto­ri­ous­ly abu­sive and designed to strip Indian chil­dren of their cul­tur­al her­itage. They lat­er suf­fered from alco­holism and neglect­ed Mr. Honie and his sib­lings. Mr. Honie first tried alco­hol at age 5 and pro­gressed to hero­in and meth by the time he was a teenager.

On August 14, the Associated Press report­ed that the city of Edmond, Oklahoma agreed to pay $7.15 mil­lion to Glynn Simmons, the longest-incar­cer­at­ed inno­cent per­son in the United States. Mr. Simmons spent 48 years in prison, includ­ing two years on death row, before he was released last July. Mr. Simmons was offi­cial­ly exon­er­at­ed by a judge in December 2023 and received $175,000 from the state of Oklahoma, the max­i­mum amount allowed for wrong­ful con­vic­tions under state law. Officials…

On July 1, after wait­ing 41 years for his name to be cleared, Larry Roberts became the 200^th per­son exon­er­at­ed from death row. A new Death Penalty Information Center analy­sis finds that Mr. Roberts’ expe­ri­ence illus­trates a trou­bling trend: for inno­cent death-sen­tenced pris­on­ers, the length of time between wrong­ful con­vic­tion and exon­er­a­tion is increas­ing. In the past twen­ty years, the aver­age length of time before exon­er­a­tion has rough­ly tripled, and 2024 has the high­est-ever aver­age wait…

In a new analy­sis, the Death Penalty Information Center has found that exec­u­tive offi­cials most often cite dis­pro­por­tion­ate sen­tenc­ing, pos­si­ble inno­cence, and mit­i­ga­tion fac­tors such as intel­lec­tu­al dis­abil­i­ty or men­tal ill­ness as rea­sons to grant clemen­cy in cap­i­tal cas­es. Ineffective defense lawyer­ing and offi­cial mis­con­duct are also com­mon fac­tors in clemen­cy grants. While present in few­er cas­es, sup­port for clemen­cy from the victim’s fam­i­ly or a deci­sion­mak­er in the orig­i­nal tri­al, such…

In the past two weeks, the Supreme Court over­turned grants of relief for two death-sen­tenced pris­on­ers. In both cas­es, low­er courts had found they received inef­fec­tive assis­tance of coun­sel at tri­al. The Court’s rul­ings are in line with its oth­er deci­sions in death penal­ty cas­es restrict­ing appeals for death-sen­tenced pris­on­ers and extolling the impor­tance of ​“final­i­ty” over merits-based…

May is Mental Health Awareness Month, and the impact of men­tal ill­ness is keen­ly felt on death row: at least two in five peo­ple exe­cut­ed have a doc­u­ment­ed seri­ous men­tal ill­ness, and research sug­gests that many more death-sen­tenced pris­on­ers are undi­ag­nosed. A nation­al major­i­ty, 60% of Americans, oppos­es exe­cut­ing peo­ple with seri­ous men­tal ill­ness. In the past two decades, sci­ence and med­i­cine have con­tributed to a much bet­ter under­stand­ing of how seri­ous men­tal ill­ness, which refers to…

Furman v. Georgia was one of the most mon­u­men­tal cas­es in American legal his­to­ry: the 1972 deci­sion over­turned every state death penal­ty statute in the coun­try and spared the lives of near­ly six hun­dred peo­ple sen­tenced to die. But the lead peti­tion­er, William Henry Furman, was lit­tle aware of his impact. Poor, Black, men­tal­ly ill, and phys­i­cal­ly and intel­lec­tu­al­ly dis­abled, he was sen­tenced to death for the killing of a home­own­er dur­ing a botched rob­bery, which he main­tains was…

On April 17, the Supreme Court heard oral argu­ments in Thornell v. Jones, a case impli­cat­ing the test for inef­fec­tive assis­tance of coun­sel — and the first and only oral argu­ment in a death penal­ty case sched­uled this term. Arizona appealed the Ninth Circuit’s deci­sion vacat­ing the death sen­tence of Danny Lee Jones, which found that Mr. Jones was prej­u­diced by his attorney’s fail­ure to present key mit­i­gat­ing evi­dence as to Mr. Jones’ brain dam­age, child­hood phys­i­cal and sex­u­al abuse, and…

On Monday, April 15, Justices Ketanji Brown Jackson and Sonia Sotomayor issued dis­sents over the Supreme Court’s refusal to hear the peti­tions of two death-sen­tenced pris­on­ers who alleged offi­cial mis­con­duct in their cas­es. In the first case, Dillion Compton alleged that Texas pros­e­cu­tors ille­gal­ly used thir­teen of their fif­teen peremp­to­ry strikes to remove female prospec­tive jurors because of their gen­der. In the sec­ond case, Kurt Michaels argued that California police offi­cers unlawfully…

On March 28, Judge Michael Hogan of Pittsburg County ruled that James Ryder is incom­pe­tent to be exe­cut­ed after a hear­ing where experts estab­lished Mr. Ryder’s seri­ous men­tal ill­ness. “[We are] relieved the court reached the only log­i­cal con­clu­sion… James has no ratio­nal under­stand­ing of why Oklahoma plans to exe­cute him,” said Mr. Ryder’s attor­ney, Emma Rolls, fol­low­ing the deci­sion. ​“James has suf­fered from schiz­o­phre­nia for near­ly 40 years and has lit­tle con­nec­tion to objec­tive reality.”…

The Georgia Attorney General has announced that Willie James Pye, who pre­vi­ous­ly had his death sen­tence reversed due to his attorney’s fail­ure to inves­ti­gate his back­ground, only to see the death sen­tence rein­stat­ed on appeal, is set to be exe­cut­ed on March 20. Mr. Pye’s court-appoint­ed tri­al attor­ney, Johnny Mostiler, has been accused of inef­fec­tive rep­re­sen­ta­tion or racial bias in at least four cas­es involv­ing Black defen­dants and report­ed­ly called one of his own clients a ​“lit­tle n****r.”…

On February 6, 2024, the South Carolina Supreme Court heard oral argu­ments in Owens v. Stirling, a case in which death-sen­tenced pris­on­ers chal­lenged the state’s elec­tro­cu­tion and fir­ing squad exe­cu­tion meth­ods as uncon­sti­tu­tion­al. A South Carolina tri­al court had pre­vi­ous­ly held an exten­sive evi­den­tiary hear­ing and issued an injunc­tion against use of those meth­ods based on the state’s con­sti­tu­tion­al pro­hi­bi­tion against ​“cru­el,” ​“unusu­al,” or ​“cor­po­ral” pun­ish­ments. For almost 90…

On Tuesday, January 30, Ohio Attorney General Dave Yost announced new leg­is­la­tion to autho­rize the use of nitro­gen gas in exe­cu­tions in the state. Joined by sev­er­al Republican state rep­re­sen­ta­tives and Louis Tobin of the Ohio Prosecuting Attorneys Association, AG Yost said that he is seek­ing to ​“kick­start” Ohio’s death penal­ty after a six-year pause in exe­cu­tions due to dif­fi­cul­ties obtain­ing lethal injec­tion drugs. ​“The sta­tus quo is unac­cept­able,” he said. According to the text of the…

On January 26, 2024, the Louisiana Supreme Court grant­ed a new tri­al to death-sen­tenced pris­on­er Darrell Robinson based on egre­gious pros­e­cu­to­r­i­al mis­con­duct. The Court held that Mr. Robinson ​“did not receive a fair tri­al, or a ver­dict wor­thy of con­fi­dence.” Mr. Robinson’s quest to prove his inno­cence advances at the same time that Governor Jeff Landry seeks to expand the state’s meth­ods of exe­cu­tion and restart exe­cu­tions. During a tumul­tuous 2023 in which out­go­ing Governor John Bel Edwards…

On January 25, 2024, Alabama exe­cut­ed Kenneth Smith using nitro­gen hypox­ia, a first in American his­to­ry. Though state attor­neys had assured courts that the method would cause ​“uncon­scious­ness in sec­onds,” wit­ness­es report­ed that Mr. Smith appeared awake for sev­er­al min­utes after the nitro­gen gas began. They observed that he ​“shook and writhed” for at least four min­utes before breath­ing heav­i­ly for anoth­er few min­utes. ​“This was the fifth exe­cu­tion that I’ve wit­nessed in Alabama, and I have…

On January 22, the Supreme Court grant­ed cer­tio­rari to Richard Glossip, sen­tenced to death in Oklahoma, whose inno­cence case has received inter­na­tion­al atten­tion. Mr. Glossip’s exe­cu­tion had been sched­uled for May 18, 2023, before the Court issued a stay on May 5 pend­ing the out­come of his peti­tions for cer­tio­rari. Mr. Glossip’s case is unusu­al in that the State of Oklahoma con­ced­ed error and sup­ports his request for a new tri­al. However, Mr. Glossip was forced to peti­tion the Supreme Court…

According to new research by the Death Penalty Information Center, 82% of Florida death-sen­tenced pris­on­ers who com­plet­ed new sen­tenc­ing pro­ceed­ings under Hurst v. Florida (2016) have been resen­tenced to life in prison with­out parole. Hurst found Florida’s death penal­ty scheme uncon­sti­tu­tion­al, and the Florida Supreme Court sub­se­quent­ly held that new death sen­tences must be unan­i­mous, neces­si­tat­ing new sen­tenc­ing hear­ings. Of the 157 cas­es DPIC pre­vi­ous­ly iden­ti­fied as…

On December 18, Pennsylvania dropped all homi­cide charges against Noel Montalvo, twen­ty years after he was con­vict­ed and sen­tenced to death in York County. Mr. Montalvo (pic­tured) pled guilty to one count of tam­per­ing with evi­dence in exchange for release and one year on pro­ba­tion. The Death Penalty Information Center has deter­mined that Mr. Montalvo meets the cri­te­ria for inclu­sion on our exon­er­a­tion list because the charges that placed him on death row have been…

On Wednesday, December 13, the U.S. Supreme Court grant­ed cer­tio­rari in Thornell v. Jones, its first death penal­ty case to be heard at oral argu­ment in the 2023 term. Unlike most death penal­ty cas­es that seek Supreme Court review, the peti­tion­er here is the state of Arizona, which asks the Court to reverse the Ninth Circuit’s grant of relief for death-sen­tenced pris­on­er Danny Lee Jones (pic­tured). The Ninth Circuit held that Mr. Jones demon­strat­ed inef­fec­tive assis­tance of coun­sel at…

Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, died at the age of 93 on December 1, 2023. In her 25-year tenure on the Court, Justice O’Connor authored opin­ions in sev­er­al land­mark death penal­ty cas­es, includ­ing deci­sions that upheld the use of the death penal­ty for vul­ner­a­ble groups and peo­ple with dimin­ished cul­pa­bil­i­ty. However, she demon­strat­ed an ear­ly inter­est in improv­ing cap­i­tal defense stan­dards, and in her lat­er years on the Court expressed…

On November 20, Florida Circuit Judge Heidi Davis sen­tenced Joshua McClellan to life in prison after a non-unan­i­mous jury returned a rec­om­men­da­tion of death in September by a 10 – 2 vote. Judge Davis not­ed the mit­i­ga­tion evi­dence pre­sent­ed by Mr. McClellan’s defense, includ­ing men­tal health eval­u­a­tions and tes­ti­mo­ny regard­ing his trau­mat­ic upbring­ing, as an expla­na­tion for her deci­sion. Mr. McClellan was one of the first defen­dants to receive a non-unan­i­mous death rec­om­men­da­tion under a new law…

The Louisiana Board of Pardons and Committee on Parole will con­sid­er at least two addi­tion­al appli­ca­tions for clemen­cy on November 27, fol­low­ing a tumul­tuous year in which near­ly all Louisiana death row pris­on­ers sought clemen­cy in response to out­go­ing Governor John Bel Edwards voic­ing his per­son­al oppo­si­tion to the death penal­ty. Under the Louisiana Constitution, Governor Edwards can­not grant clemen­cy with­out a rec­om­men­da­tion from the Board; he asked the Board to set hear­ings so that he…

In 2015, DPIC’s Battle Scars report brought world­wide atten­tion to the issue of mil­i­tary vet­er­ans on death row. DPIC found approx­i­mate­ly 300 vet­er­ans incar­cer­at­ed under a sen­tence of death, rep­re­sent­ing at least 10% of death row, and many more who had been exe­cut­ed. Since that report, research and under­stand­ing about Post-Traumatic Stress Disorder (PTSD), trau­mat­ic brain injury (TBI), sub­stance use dis­or­ders, and men­tal ill­ness among vet­er­ans has only grown. A 2023 sur­vey of…

On October 26, 2023, Judge Coral Sanchez of Utah’s Third Circuit Court heard argu­ments in a law­suit filed by five death-sen­tenced pris­on­ers against the State in April. Ralph Menzies, Troy Kell, Michael Archuleta, Douglas Carter, and Taberon Honie seek an order vacat­ing Utah’s cur­rent exe­cu­tion pro­to­col and enjoin­ing its use. The law­suit argues that the State’s two-pronged pro­to­col, with lethal injec­tion as the default method of exe­cu­tion and fir­ing squad as a back­up, con­sti­tutes cru­el and…

Though the Supreme Court has ruled that the Constitution for­bids the death penal­ty for a per­son who is ​“insane” at the time of exe­cu­tion, it has nev­er held that the exe­cu­tion of peo­ple with seri­ous men­tal ill­ness is uncon­sti­tu­tion­al. Experts have found that two in five peo­ple exe­cut­ed between 2000 and 2015 had a men­tal ill­ness diag­no­sis such as bipo­lar dis­or­der, schiz­o­phre­nia, or PTSD. Since 2017, at least eleven states have attempt­ed to strength­en pro­tec­tions for vul­ner­a­ble pris­on­ers by…

On Friday, October 13, the sole sur­viv­ing fam­i­ly mem­ber of mur­der vic­tim Gary L. Dickerson joined dozens of faith lead­ers and oth­ers in ask­ing the Texas Board of Pardons and Paroles for clemen­cy for Will Speer. Mr. Speer is set to be exe­cut­ed on October 26, 2023. After a child­hood of hor­rif­ic abuse, a life sen­tence by age 18, and a judg­ment of death by age 23, Mr. Speer devot­ed him­self to the study of Christianity and has become a promi­nent prison min­is­ter. ​“In my heart, I feel that he is not…

In a new law review arti­cle, Professor Anna VanCleave of the University of Connecticut School of Law argues that the ​“height­ened stan­dards” of due process pro­tec­tion for cap­i­tal defen­dants, required under the Eighth Amendment, are in prac­tice no more than ​“a veneer of legit­i­ma­cy and pro­ce­dur­al cau­tion” that fail to vin­di­cate defen­dants’ rights. Professor VanCleave found that in the absence of clear guid­ance from the Supreme Court as to the actu­al mean­ing of ​“height­ened stan­dards,” lower…

A recent analy­sis by Bloomberg Law con­clud­ed that death-sen­tenced pris­on­ers have few­er avenues to relief at the Supreme Court than ever before. Bloomberg iden­ti­fied 270 emer­gency requests to stay exe­cu­tions since 2013 and found that the Court agreed to block an exe­cu­tion just 11 times. Since 2020, when the Court shift­ed to a 6 – 3 con­ser­v­a­tive major­i­ty fol­low­ing the death of Justice Ruth Bader Ginsburg and the appoint­ment of Justice Amy Coney Barrett, the Court has grant­ed just…

On October 2, the first day of its new term, the Supreme Court denied review in two high-pro­file death penal­ty cas­es: Toforest Johnson and Robert Roberson. Both men have long main­tained their inno­cence and have gar­nered broad bipar­ti­san sup­port for their innocence…

Attorneys for Christa Pike, the only woman on Tennessee’s death row, filed a motion on August 30 to re-open her appeals based on a recent deci­sion from the Tennessee Supreme Court. In 2022, the Court ruled in State v. Booker that manda­to­ry life sen­tences in homi­cide cas­es are uncon­sti­tu­tion­al when imposed on juve­niles, draw­ing on U.S. Supreme Court prece­dent that held that juve­niles are less mature, more vul­ner­a­ble to peer pres­sure, and gen­er­al­ly less cul­pa­ble than adults. Ms. Pike’s…