Representation

On September 14^th, 2023, the American Bar Association’s Death Penalty Representation Project held its annu­al Volunteer Recognition & Awards Program, hon­or­ing Venable LLP for its pro bono rep­re­sen­ta­tion of death row pris­on­ers, and cap­i­tal defense attor­ney and Florida State University College of Law pro­fes­sor Mark E. Olive, for his life­time com­mit­ment to pro­vid­ing those on death row with qual­i­ty rep­re­sen­ta­tion. Director of the ABA’s Death Penalty Representation Project Emily Olson-Gault not­ed that ​“there is a shrink­ing world of rights for death penal­ty lit­i­gants in the wake of dev­ast­ing U.S. Supreme…

Prominent death penal­ty attor­ney, founder and Executive Director of the Equal Justice Initiative, Bryan Stevenson (pic­tured with President Joe Biden), was award­ed the National Humanities Medal on March 21, 2023 at the White House. The pres­i­dent com­mend­ed Stevenson for his long-term efforts to rep­re­sent the impov­er­ished and exon­er­ate the wrong­ful­ly con­vict­ed, in addi­tion to found­ing the Legacy Museum and the National Memorial for Peace and Justice, both locat­ed in Montgomery, Alabama.

On January 21, 2023, Texas death row pris­on­er Terence Andrus hanged him­self at the age of 34, a lit­tle more than 6 months after the U.S. Supreme Court denied review of his case for a sec­ond time. His lawyer, Gretchen Sween, told the Los Angeles Times that ​“he’d been careen­ing toward the abyss,” since their deci­sion. ​“He was broken.”

The Alabama Supreme Court announced a change to its rules of appel­late pro­ce­dure on January 12, 2023, elim­i­nat­ing auto­mat­ic plain error review for tri­al errors in death penal­ty cas­es. This new rule removes a sig­nif­i­cant safe­guard for cap­i­tal defen­dants’ rights, which had been in place since Alabama rein­stat­ed the death penal­ty in 1976. Without the review, cap­i­tal defen­dants who were erro­neous­ly con­vict­ed or sen­tenced could spend many more years on death row before the error is discovered.

On January 3, 2023, Missouri is set to exe­cute Amber McLaughlin (pic­tured), the first trans­gen­der per­son sched­uled to be put to death in the United States.

A fed­er­al appeals court in Ohio has over­turned the death sen­tence imposed on an African American defen­dant whose defense lawyer pre­sent­ed tes­ti­mo­ny from a clin­i­cal psy­chol­o­gist that one quar­ter of urban Black men were sociopaths who should be locked up or thrown away.

As the tri­al chal­leng­ing South Carolina​’s exe­cu­tion meth­ods began on August 1, 2022, a review of the state’s death penal­ty by the Greenville News revealed a pat­tern of dis­crim­i­na­tion, geo­graph­ic arbi­trari­ness, and high error rates in the imple­men­ta­tion of the pun­ish­ment. In a two-part exam­i­na­tion, reporter Kathryn Casteel ana­lyzed racial and coun­ty demo­graph­ics on death row, rever­sal rates in cap­i­tal cas­es, and the tim­ing of death sen­tences to pro­vide con­text for the state’s efforts to insti­tute the elec­tric chair and fir­ing squad as its pri­ma­ry exe­cu­tion methods.

State and fed­er­al courts have over­turned three California death sen­tences in a span of two weeks from late June to mid-July 2022. Death-row pris­on­ers Richard Clark, Michael Bramit, and Andrew Lancaster were all grant­ed relief on claims relat­ed to defense counsel’s inad­e­quate per­for­mance or jury-relat­ed issues. Clark and Bramit will receive new penal­ty-phase trials.

A new law review arti­cle high­lights the lack of pro­tec­tions for crim­i­nal defen­dants’ rights to make mean­ing­ful deci­sions despite court-rec­og­nized rights to auton­o­my. In ​“The Myth of Autonomy Rights,” a 2021 arti­cle pub­lished in the Cardozo Law Review, Professor Kathryn E. Miller (pic­tured) argues that there are inad­e­quate safe­guards for the auton­o­my rights of the aver­age crim­i­nal defen­dant, espe­cial­ly in cap­i­tal pun­ish­ment cases.

The United States Supreme Court has declined to review a case in which the Texas Court of Criminal Appeals (TCCA) flout­ed a pre­vi­ous Supreme Court rul­ing by deny­ing relief to a death-row pris­on­er a sec­ond time after the Court had returned the case with direc­tions to fur­ther con­sid­er defense counsel’s fail­ure to inves­ti­gate and present a ​“tidal wave” of avail­able mit­i­gat­ing evi­dence in the penal­ty phase of his cap­i­tal trial.