Publications & Testimony

As U.S. tax­pay­ers pick up a tab of more than $6 bil­lion and climb­ing, for­mer top offi­cials involved in the mil­i­tary com­mis­sion death-penal­ty cas­es against Guantánamo Bay detainees have blast­ed the mil­i­tary tri­bunals for waste, mis­man­age­ment, and…

A fed­er­al appeals court has vacat­ed the death sen­tence imposed on a North Carolina death-row pris­on­er, find­ing that one of his jurors improp­er­ly con­sult­ed her pas­tor about her deci­sion and then com­mu­ni­cat­ed the pas­tor’s advice to fel­low jurors. In a 2 – 1 deci­sion, the U.S. Court of Appeals for the Fourth Circuit ruled on September 12, 2019 that William Leroy Barnes (pic­tured) had been denied his Sixth Amendment right to tri­al by an impar­tial jury and reversed…

In February 2017, the U.S. Court of Appeals for the Sixth Circuit over­turned the con­vic­tion and death sen­tence of Tennessee death-row pris­on­er Andrew Lee Thomas, Jr., rul­ing that Shelby County District Attorney General Amy Weirich had uncon­sti­tu­tion­al­ly with­held evi­dence that a key pros­e­cu­tion wit­ness had been paid for her coop­er­a­tion in the case and then delib­er­ate­ly elicit­ed per­jured tes­ti­mo­ny from the wit­ness that she had…

Defendants con­vict­ed of killing white vic­tims in Georgia are 17 times more like­ly to be exe­cut­ed than those con­vict­ed of mur­der­ing black vic­tims, a new study by researchers at the University of Denver has found, and the prob­lem of dis­crim­i­na­tion is wors­ened by the appeal…

Supporters of Rodney Reed (pic­tured) are call­ing for a new tri­al for the Texas death-row pris­on­er sen­tenced to death in 1998 by an all-white jury in a racial­ly charged tri­al. On September 10, 2019, Reed’s fam­i­ly and sup­port­ers protest­ed Texas’ death penal­ty out­side the governor’s man­sion in Austin. Their plea for a new tri­al based on evi­dence of his inno­cence has been joined by a grow­ing cho­rus of sup­port­ers, which include the Innocence Project, the victim’s…

The California Supreme Court has declined to review the peti­tions of two Los Angeles County defen­dants who had asked the Court to halt cap­i­tal pros­e­cu­tions in the wake of Governor Gavin Newsom​’s deci­sion to impose a mora­to­ri­um on exe­cu­tions. The defen­dants had argued that there was an uncon­sti­tu­tion­al risk that jurors’ knowl­edge about the much-pub­li­cized mora­to­ri­um would lead them to believe that any death sen­tence they might impose was unlike­ly to be carried…

As the September 11, 2019 Pennsylvania Supreme Court argu­ment date approached in two cas­es chal­leng­ing the con­sti­tu­tion­al­i­ty of the state’s death penal­ty, com­men­ta­tors and stake­hold­ers weighed in on the case in op-eds across the state. These opin­ion arti­cles high­light­ed the work of a June 2018 report by the Pennsylvania Task Force and Advisory Committee on Capital Punishment that found deep flaws in the admin­is­tra­tion of the Commonwealth’s death penal­ty, as well as the…

The Pennsylvania Supreme Court (mem­bers pic­tured) heard oral argu­ment on September 11, 2019 on whether to exer­cise its extra­or­di­nary ​“King’s Bench” pow­ers to deter­mine whether the death penal­ty, as cur­rent­ly applied in the Commonwealth, vio­lates the Pennsylvania con­sti­tu­tion. If the court agrees to reach the con­sti­tu­tion­al issue, it has the pow­er to strike down the death penal­ty, uphold its con­sti­tu­tion­al­i­ty, or issue direc­tives or stan­dards regard­ing its future…

Saying that ​“suf­fo­ca­tion does not qual­i­fy as ​‘severe pain and need­less suf­fer­ing,’” a fed­er­al appeals court in Ohio has ruled that the state’s three-drug exe­cu­tion pro­to­col does not vio­late the con­sti­tu­tion­al pro­hi­bi­tion against cru­el and unusual…