
DPIC Podcast: Discussions With DPIC
Lawyers for the Condemned

ABA Guidelines and Standards for Capital Representation
American Bar Association’s recommended standards for counsel in capital cases
Overview
The quality of representation a defendant receives in a capital case can make the difference between life and death. Almost all defendants cannot afford to pay for a lawyer, and states differ widely on the standards—if any—for death penalty representation. Accounts of lawyers sleeping or drinking alcohol during the trial, lawyers with racial bias toward their client, lawyers who conduct no investigation or fail to obtain necessary experts, or lawyers simply having no experience with capital cases have been rampant throughout the history of the death penalty.
The right to an attorney is a hallmark of the American judicial system. It is essential that the lawyer be experienced in capital cases, be adequately compensated, and have access to the resources needed to fulfill his or her obligations to the client and the court.
As abuses in the system have been exposed, most states have raised the standards for representation. However, most death-penalty states do not have statewide capital defense organizations, and many counties who are responsible for assigning and compensating lawyers have small budgets and cannot afford the kind of representation a capital case requires.
At Issue
Despite the poor quality of representation in many capital cases, courts have often upheld the convictions and death sentences imposed because of low expectations and the belief that better representation would not have made a difference in the case. Where higher quality counsel and adequate resources have been provided, death sentences have declined dramatically.
What DPIC Offers
DPIC has highlighted the key court decisions in this area, as well as the numerous instances in which the system has failed. A number of DPIC’s reports discuss the importance of quality representation. The standards for representation approved by the American Bar Association, along with the status of state compliance, are also available.
News & Developments
News
Mar 24, 2023
REPRESENTATION: Why Poor People in Texas End Up on Death Row and Face Execution

An in-depth piece in the Huffington Post examines Harris County’s (Texas) system for providing representation to those facing the death penalty who cannot afford their own attorney. The process is explored through the story of Obel Cruz-Garcia, a prisoner on Texas’ death row.
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Sep 19, 2023
ABA Death Penalty Representation Project Honors Longtime Capital Defender Mark Olive and Volunteer Law Firm Venable LLP
On September 14th, 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…
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Mar 31, 2023
Bryan Stevenson Honored with the National Humanities Medal
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.
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Feb 01, 2023
Texas Death Row Prisoner Commits Suicide
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.”
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Jan 25, 2023
Alabama Court Removes Key Appeal Protection for Death Sentenced Defendants
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.
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Dec 27, 2022
Missouri Set to Execute Amber McLaughlin on January 3 in First U.S. Execution of a Transgender Person
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.
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Sep 01, 2022
Court Overturns Ohio Death Sentence After Defense Expert Testifies that One Quarter of Urban Black Men Should be Locked Up or Thrown Away
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.
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Aug 04, 2022
As Trial in South Carolina Execution-Method Challenge Begins, Review of State’s Death Penalty Reveals System that is Biased, Arbitrary, and Error-Prone
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.
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Jul 27, 2022
California State and Federal Courts Overturn Three Death Sentences
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.
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Jul 12, 2022
Law Review: Criminal Defendants Have Limited Ability to Make Meaningful Choices, Especially in Capital 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.
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Jun 14, 2022
After Initially Reversing Decision, Supreme Court Refuses to Review Texas Case of Gross Attorney Ineffectiveness a Second Time
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.
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