Publications & Testimony

In a fea­ture arti­cle in Politico, Lara Bazelon, an asso­ciate pro­fes­sor at the University of San Francisco School of Law and author of the new book, Rectify: The Power of Restorative Justice After Wrongful Conviction, describes an exon­er­a­tion as ​“an earth­quake [that] leaves upheaval and ruin in its wake.” Exonerees, she writes, ​“suf­fer hor­ri­bly — both phys­i­cal­ly and men­tal­ly — in prison” and are revic­tim­ized fol­low­ing their release, ​“leav[ing] prison with no ready access to…

United Nations human rights offi­cials have urged the gov­ern­ment of the United States to halt the immi­nent exe­cu­tion of a Mexican nation­al who was tried and sen­tenced to death in Texas in vio­la­tion of U.S. treaty oblig­a­tions. Texas is sched­uled to exe­cute Roberto Moreno Ramos (pic­tured) on November 14, in an action an inter­na­tion­al human rights court has said would vio­late the Vienna Convention on Consular Relations. Agnes Callamard, the U.N.

As Americans become increas­ing­ly aware of the role of com­bat trau­ma in the devel­op­ment of Post-Traumatic Stress Disorder (PTSD) and oth­er men­tal health dis­or­ders, the shift in pub­lic per­cep­tions towards vet­er­ans suf­fer­ing from these dis­or­ders has played out in the courts in recent death penal­ty cas­es. In 2018, at least four mil­i­tary vet­er­ans fac­ing death sen­tences have instead been sen­tenced to life in prison, and anoth­er two vet­er­ans won relief in their death-penal­ty cas­es. One military…

The Florida Supreme Court has over­turned the death sen­tence imposed on Eriese Tisdale (pic­tured) in 2016 in vio­la­tion of a Florida law that had been enact­ed in an attempt to fix con­sti­tu­tion­al flaws in the state’s death-penal­ty statute. The state court ruled on November 8, 2018, that St. Lucie County Circuit Judge Dan Vaughn’s deci­sion to sen­tence Tisdale to death after three mem­bers of the jury had vot­ed to spare his life vio­lat­ed both a Florida law that…

The U.S. Supreme Court heard oral argu­ment on November 6, 2018 in Bucklew v. Precythe on whether the use of lethal injec­tion to exe­cute a Missouri pris­on­er with a rare med­ical con­di­tion would cause him unnec­es­sary and excru­ci­at­ing pain and suf­fer­ing and whether he was con­sti­tu­tion­al­ly required to pro­vide the state with a dif­fer­ent way for it to kill him. Media reports sug­gest­ed that the Court was sharply divid­ed on the issue with…

The results of the November 6, 2018 mid-term elec­tions reflect­ed America’s deeply divid­ed views on cap­i­tal pun­ish­ment, as vot­ers elect­ed gov­er­nors who pledged not to resume exe­cu­tions in the three states with death-penal­ty mora­to­ri­ums, defeat­ed an incum­bent who tried to bring back cap­i­tal pun­ish­ment in a non-death-penal­ty state (click on graph­ic to enlarge), and re-elect­ed gov­er­nors who had vetoed leg­is­la­tion abol­ish­ing cap­i­tal pun­ish­ment in two oth­er states. Continuing a nation­al trend,…

With new­ly dis­cov­ered con­fes­sions and DNA evi­dence point­ing to the prosecution’s chief wit­ness as the actu­al killer, pros­e­cu­tors dropped all charges against Clemente Javier Aguirre (pic­tured, cen­ter, at his exon­er­a­tion) in a Seminole County, Florida court­room on November 5, 2018. The dis­missal of the charges made Aguirre the 164^th wrong­ful­ly con­vict­ed death-row pris­on­er to be exon­er­at­ed in the United States since 1973 and the 28^th in Florida. The announcement…

The U.S. Supreme Court has agreed to review whether a pros­e­cu­tor with a long his­to­ry of racial­ly dis­crim­i­na­to­ry jury-selec­tion prac­tices uncon­sti­tu­tion­al­ly struck black jurors in the tri­al of Mississippi death-row pris­on­er Curtis Giovanni Flowers (pic­tured). On November 2, 2018, the Court grant­ed cer­tio­rari in the Flowers’s case on the ques­tion of “[w]hether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky,” the land­mark 1986…

A divid­ed Arkansas Supreme Court has struck down the state’s death-penal­ty men­tal com­pe­ten­cy law, hold­ing that statu­to­ry pro­vi­sions giv­ing the state’s prison direc­tor exclu­sive author­i­ty to deter­mine a death-row prisoner’s com­pe­ten­cy to be exe­cut­ed vio­late due process. The 4 – 3 rul­ings on November 1, 2018 were a vic­to­ry for two men­tal­ly ill death-row pris­on­ers, Bruce Ward (pic­tured, left) and Jack Greene (pic­tured, right), who had come within…

Lawyers for Marcus Dansby (pic­tured), a defen­dant fac­ing cap­i­tal mur­der charges in Allen County, Indiana, have filed a motion ask­ing the tri­al judge to declare Indiana’s death penal­ty uncon­sti­tu­tion­al and to bar pros­e­cu­tors from seek­ing death in his case. In plead­ings sub­mit­ted to the court on October 30, 2018 in sup­port of Dansby’s Motion to Declare Indiana’s Capital Sentencing Statute Unconstitutional, lawyers Michelle Kraus and Robert Gevers…