Publications & Testimony

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…

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…

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…

NEWS (5/​15/​2020) — Nebraska: The Nebraska Supreme Court ruled in favor of Nebraska media out­lets and the state’s ACLU in a pub­lic records law­suit and direct­ed the Nebraska Department of Correctional Services to release records relat­ed to the state’s lethal-injec­­tion drugs. In BH Media Group, Inc. v. Frakes, the court ordered DOCS direc­tor Scott Frakes (pic­tured) to dis­close doc­u­ments detail­ing its efforts to obtain lethal-injec­­tion drugs to carry out…

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,…

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…

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…

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…

NEWS (5/​7/​20) — Florida: The Florida Supreme Court has upheld the death sen­tence imposed on Leonardo Franqui, deny­ing post-con­vic­­tion chal­lenges to his death sen­tence based upon claims that he is inel­i­gi­ble for the death penal­ty because of intel­lec­tu­al dis­abil­i­ty and that his death sen­tence was uncon­sti­tu­tion­al­ly imposed after some mem­bers of his jury…

Pervis Payne (pic­tured) was young, black, and, he says, in the wrong place at the wrong time. The son of a min­is­ter, he is on death row in Tennessee, con­vict­ed of the hor­rif­ic mur­ders of a white woman and her two-year-old daugh­ter and the stab­bing of her three-year-old son in 1987. His case, pro­filed by Steven Hale in The Appeal on April 29, 2020, fea­tures evi­dence of inno­cence, intel­lec­tu­al dis­abil­i­ty, prosecutorial…