Entries by Leah Roemer

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…