Publications & Testimony

The U.S. Court of Appeals for the Eighth Circuit has vacat­ed a stay of exe­cu­tion for Missouri death-row pris­on­er Walter Barton (pic­tured) who is sched­uled to be exe­cut­ed on Tuesday, May 19, 2020. The court’s unsigned opin­ion, issued on Sunday, May 17, lift­ed a stay of exe­cu­tion that had been issued May 15 by a fed­er­al dis­trict court judge. The dis­trict court said a stay was nec­es­sary to afford it time to address a peti­tion Barton had filed that chal­lenged his…

The United States Court of Appeals for the Eighth Circuit has found that a for­mer pros­e­cu­tor now serv­ing as a jus­tice on the Arkansas Supreme Court delib­er­ate­ly destroyed excul­pa­to­ry evi­dence in a case in which he had sought the death penal­ty. On April 29, 2020, a unan­i­mous three-judge pan­el of the fed­er­al appeals court affirmed the rul­ings of a fed­er­al dis­trict court over­turn­ing the con­vic­tions of life-sen­tenced pris­on­ers Tina Jimerson and John…

The Texas Court of Criminal Appeals (TCCA) has upheld the rul­ing of a Dallas tri­al court that denied a new tri­al to death-row pris­on­er Charles Flores (pic­tured), whose con­vic­tion and death sen­tence were the prod­uct of hyp­not­i­cal­ly assist­ed tes­ti­mo­ny. The TCCA said its deci­sion was “[b]ased upon the tri­al court’s find­ings and con­clu­sions,” which the appeals court acknowl­edged had sim­ply ​“adopt­ed the State’s pro­posed find­ings of fact and con­clu­sions of…

The city of Cleveland will pay a record $18 mil­lion dol­lars to set­tle a civ­il rights law­suit by three for­mer death-row pris­on­ers who, as a result of police mis­con­duct, spent more than a com­bined 80 years impris­oned for a mur­der they did not com­mit. Kwame Ajamu (pic­tured, left), his broth­er Wiley Bridgeman (pic­tured, cen­ter), and Rickey Jackson (pic­tured, right) were con­vict­ed in 1975 of the rob­bery and mur­der of Harold Franks based on the…

In the May 2020 edi­tion of Discussions with DPIC, vet­er­an cap­i­tal defense lawyer Kelley Henry (pic­tured), who is rep­re­sent­ing sev­er­al Tennessee death-row pris­on­ers fac­ing exe­cu­tion dates in 2020, speaks with DPIC Executive Director Robert Dunham about the unprece­dent­ed chal­lenges of lit­i­gat­ing death-penal­ty cas­es dur­ing the coro­n­avirus pan­dem­ic. Henry, a Supervisory Assistant Federal Public Defender in Nashville, pro­vides an inside view of how the…

Judicial enforce­ment of con­sti­tu­tion­al rights in Texas death penal­ty cas­es has become increas­ing­ly rare and is vir­tu­al­ly non-exis­tent in the state’s fed­er­al courts, a new University of Houston Law Center study has found. The study, Reversal Rates in Capital Cases in Texas, 2000 – 2020, pub­lished online on April 27, 2020 in the UCLA Law Review, reports that rever­sal rates in cas­es in which Texas cap­i­tal defen­dants were sen­tenced to death in the first two decades of the 21^st…

NEWS (5/​7/​20) — Texas: The Texas Court of Criminal Appeals has grant­ed a stay of exe­cu­tion to Randall Mays, direct­ing a Henderson County tri­al court to review Mays’ claim that he is inel­i­gi­ble for the death penal­ty because of intel­lec­tu­al dis­abil­i­ty. The appeals court declined to address claims that Mays’ con­vic­tion and death sen­tence had been taint­ed by racial bias and juror mis­con­duct and that he had been sub­ject to improp­er inter­ro­ga­tion by law…

Oklahoma will not seek to car­ry out any exe­cu­tions while lit­i­ga­tion con­tin­ues in fed­er­al court on the state’s lethal-injec­tion pro­to­col, a U.S. fed­er­al dis­trict court judge has…