Publications & Testimony

Items: 1121 — 1130


Sep 28, 2020

North Carolina Supreme Court Restores Life Sentences to Three Prisoners Whose Death Sentences Violated Racial Justice Act

The North Carolina Supreme Court has ordered that three African American death-row pris­on­ers who had proven that their death sen­tences vio­lat­ed the state’s since repealed Racial Justice Act (RJA) must be resen­tenced to life impris­on­ment with­out pos­si­bil­i­ty of parole. In three deci­sions issued on September 25, 2020, the court ruled that North Carolina had vio­lat­ed con­sti­tu­tion­al prin­ci­ples of dou­ble jeop­ardy and the pro­hi­bi­tions against after-the-fact…

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Sep 28, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of September 212020

NEWS (9/​24/​20) — Ohio: The Ohio Supreme Court has upheld the con­vic­tion and death sen­tence of Terry Lee Froman for a September 2014 dou­ble mur­der in Warren County. Among oth­er issues, the court ruled that Froman’s due process rights were not vio­lat­ed when he was forced to wear leg shack­les through­out the tri­al. The court not­ed that while shack­ling is gen­er­al­ly inap­pro­pri­ate, the tri­al court had made an indi­vid­u­al­ized assess­ment that leg…

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Sep 25, 2020

NPR Investigation of Lethal-Injection Autopsies Finds Executed Prisoners Experience Sensations of Suffocation and Drowning

A new National Public Radio (NPR) analy­sis of more than 200 autop­sies of death-row pris­on­ers exe­cut­ed by lethal injec­tion has found that 84% of those exe­cut­ed showed evi­dence of pul­monary ede­ma, a con­di­tion in which a person’s lungs fill with flu­id that cre­ates the feel­ing of suf­fo­ca­tion or drown­ing that experts have likened to…

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Sep 24, 2020

Eleventh Circuit Upholds Death Sentences, Absolves Failures by Court-Appointed Counsel in Three Georgia Death-Penalty Cases

The U.S. Court of Appeals for the Eleventh Circuit has denied habeas cor­pus relief to three Georgia death-row pris­on­ers in a series of opin­ions that nar­row­ly inter­pret­ed the scope of a defendant’s right to effec­tive rep­re­sen­ta­tion in the penal­ty phase of a cap­i­tal tri­al. The deci­sions, issued in unre­lat­ed cas­es over the course of 36 hours on September 15 and 16, 2020, absolved court-appoint­ed coun­sel of sig­nif­i­cant fail­ures in inves­ti­gat­ing, pre­sent­ing, and…

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Sep 23, 2020

Federal Government Conducts Sixth and Seventh Executions Amid Continuing Litigation Over COVID-19 and the Legality of Its Execution Protocol

The fed­er­al gov­ern­ment con­duct­ed its sixth and sev­enth exe­cu­tions in ten weeks on September 22 and 24, putting William Emmett LeCroy (pic­tured) and Christopher Vialva to death amid con­tin­u­ing chal­lenges to the fed­er­al exe­cu­tion pro­to­col and to car­ry­ing out exe­cu­tions dur­ing the COVID-19 pan­dem­ic. As the fed­er­al appeal courts set aside LeCroy’s exe­cu­tion chal­lenges, Vialva’s law­suit chal­leng­ing the legal­i­ty of the fed­er­al exe­cu­tion pro­to­col remained pending in…

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Sep 22, 2020

ACLU: Documents Show Federal Executions Likely Caused Prison COVID-19 Outbreak

Documents obtained by the American Civil Liberties Union under the Freedom of Information Act show that the fed­er­al government’s choice to bring hun­dreds of peo­ple to the fed­er­al prison com­plex in Terre Haute, Indiana to car­ry out five exe­cu­tions in July and August in the midst of the coro­n­avirus pan­dem­ic like­ly caused a COVID-19 out­break that has already killed three and hospitalized…

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Sep 21, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of September 142020

NEWS (9/​17/​20) — Florida: The Florida Supreme Court has denied post-con­vic­tion relief to Ken Lott, retroac­tive­ly apply­ing its new rule that a death sen­tence imposed under the state’s uncon­sti­tu­tion­al judi­cial fact-find­ing statute did not vio­late Lott’s right to a jury tri­al because the jury had unan­i­mous­ly found an aggra­vat­ing cir­cum­stance. The court held that Lott’s Sixth Amendment right to a jury tri­al in his cap­i­tal sentencing proceeding…

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Sep 19, 2020

U.S. Supreme Court Justice Ruth Bader Ginsburg, Death Penalty Skeptic, Has Died

Supreme Court Justice Ruth Bader Ginsburg has died. The 87-year-old jus­tice, who repeat­ed­ly expressed skep­ti­cism about the death penal­ty but nev­er took the step of say­ing it was inher­ent­ly uncon­sti­tu­tion­al, suc­cumbed to pan­cre­at­ic can­cer on September 18, 2020. Her death imme­di­ate­ly threw the future direc­tion of the Court into…

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