Entries by Leah Roemer

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…

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…

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…