Entries by Leah Roemer

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…