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Excerpts from the Recent 9th Circuit's opinion in Summerlin v. Stewart regarding the role of juries in death penalty cases

The following are excerpts from Summerlin v. Stewart, No. 98-99002 (9th Cir. Sept. 2, 2003):
(page numbers refer to the on-line version; subheads are not part of the decision)



New Comic Strip Series Focuses on Death Penalty

A four-month series of "Funky Winkerbean," a comic strip syndicated by King Features, will focus on capital punishment. The storyline, titled "The Danny Madison Casebook," examines the problems and emotions of the death penalty as seen through the eyes of a public defender. The comic strip is by cartoonist Tom Batiuk, and it will appear in 400 newspapers nationally. It may also be viewed at http://kingfeatures.com/features/comics/fwinker/about.htm.


Prior Experience for Texas DNA Lab: Cleaning Elephant Cages and Work With Insects

According to a report in the Houston Chronicle, none of the analysts who worked in the Houston Police Department's discredited DNA lab (which presented evidence in death penalty cases) were qualified by education and training to do their jobs. The Chronicle's examination of personnel records found that not one of the lab's employees met national standards and only one of the employees had completed all required college courses mandated by the DNA Advisory Board Quality Assurance Standards. Texas law requires all crime labs to meet these standards by 2004.


NEW RESOURCE: Purposeful Discrimination in Capital Sentencing

"Purposeful Discrimination in Capital Sentencing" by David V. Baker examines the issue of race and capital sentencing in the context of three U.S. Supreme Court death penalty decisions - Furman v. Georgia, Gregg v. Georgia, and McCleskey v. Kemp. After his review of practical strategies to improve the fairness of the death penalty process, Baker concludes that court efforts have failed to eliminate race as a strong predictor in death sentencing.


After Innocent Man's Release, DNA Links Maryland Suspect to 1984 Murder

Nearly 20 years after the murder of 9-year-old Dawn Hamilton, Maryland prosecutors have charged the man they believe is responsible for the crime by using the same DNA evidence used to exonerate Kirk Bloodsworth (pictured right), who spent nine years in prison - including time on Maryland's death row - for the crime. Bloodsworth was freed in 1993 after DNA tests conclusively determined he was not the source of physical evidence found at the scene of the crime.


Law Firms Offer Crucial Assistance to Death Row Inmates

Law firms not normally associated with death penalty cases have provided crucial assistance to a handful of Texas death row inmates whose cases involved issues such as inadequate representation at trial, mental retardation, and innocence. While the firms do not specialize in criminal law, they do have what many feel is lacking for most capital defendants - highly educated and highly motivated attorneys who have the financial resources to fully investigate cases. For example:


NEW RESOURCE: Study Examines Politics and the Death Penalty

"Lethal Elections: Gubernatorial Politics and the Timing of Executions," a study by researchers Jeffrey Kubik and John Moran of Syracuse University, reveals that election-year political considerations may play a role in determining the timing of executions. Their research showed that states are approximately 25% more likely to conduct executions in gubernatorial election years than in other years.


Death Row Sentences Challenged as Court Rules Ring Decision is Retroactive

Relying on the fundamental importance of a defendant's right to a jury trial, a federal appeals court issed a ruling that could overturn many sentences in Arizona, Montana, and Idaho. The U.S. Court of Appeals for the 9th Circuit ruled that an inmate's substantive constitutional rights were at issue when he was sentenced under state laws that permitted judges instead of juries to determine eligibility for the death penalty. By a vote of 8-3, the court ruled that the 2002 Supreme Court's ruling in Ring v.