Publications & Testimony

Tennessee exe­cut­ed David Earl Miller (pic­tured at age 24) in the state’s elec­tric chair on December 6, 2018, after Governor Bill Haslam denied his appli­ca­tion for clemen­cy and the U.S. Supreme Court refused to address the denials of his chal­lenges to the con­sti­tu­tion­al­i­ty of Tennessee’s exe­cu­tion meth­ods. Miller, a 61-year-old man with a sig­nif­i­cant his­to­ry of men­tal ill­ness who expe­ri­enced exten­sive sex­u­al and phys­i­cal abuse as a child, opt­ed to be exe­cut­ed by electric chair…

The exe­cu­tion process in Indiana and Missouri may become more trans­par­ent as a result of pub­lic-access law­suits filed in the two states. In Indiana, a Marion County tri­al judge ruled on November 30, 2018 that the state must release pre-2017 records con­cern­ing the drugs obtained by the state for exe­cu­tions and the com­pa­nies that pro­duced them. Three days ear­li­er, the ACLU of Missouri announced the set­tle­ment of a law­suit filed on behalf of investigative…

In August 2018, Pope Francis pro­mul­gat­ed a new Catholic Catechism that deemed the death penal­ty ​“inad­mis­si­ble” in all cas­es and com­mit­ted the Church to work­ing to abol­ish cap­i­tal pun­ish­ment world­wide. Cardinal Blase Cupich, the ninth Bishop of the Archdiocese of Chicago, joined DPIC Executive Director Robert Dunham on the lat­est episode of the pod­cast Discussions with DPIC, to explore the impli­ca­tions of the new teach­ings and how they fit into the…

Texas plans to exe­cute Joseph Garcia on December 4, 2018, for the mur­der of a police offi­cer dur­ing a rob­bery in which Garcia nei­ther killed any­one nor intend­ed or expect­ed that a killing would take place. His case renews ques­tions about a Texas law called the ​“law of par­ties” that allows defen­dants to be sen­tenced to death based upon the actions and intent of oth­ers, if the defen­dant played even a small role in a crime that result­ed in someone’s…

A three-judge pan­el of the United States Court of Appeals for the Fourth Circuit has unan­i­mous­ly over­turned the death sen­tence imposed on Virginia death-row pris­on­er Mark E. Lawlor in 2011, rul­ing that the tri­al court had uncon­sti­tu­tion­al­ly pre­vent­ed Lawlor from pre­sent­ing expert men­tal health tes­ti­mo­ny that he posed a low risk of vio­lence in prison if the jury spared his life. On November 27, 2018, the court reversed a deci­sion of a Virginia federal district…

Twenty months after the Unites States Supreme Court unan­i­mous­ly struck down Texas​’s non-sci­en­tif­ic stan­dard for eval­u­at­ing intel­lec­tu­al dis­abil­i­ty in death penal­ty cas­es, the land­mark case in which it made that deci­sion is back before the Court. On December 7, 2018, the Court will con­fer­ence Moore v. Texas, to decide if it will review whether the Texas Court of Criminal Appeals (CCA) once again uncon­sti­tu­tion­al­ly relied on lay stereotypes and…

For the past three-and-a-half years, Texas has pur­chased exe­cu­tion drugs from a Houston-based com­pound­ing phar­ma­cy that, BuzzFeed News reports, ​“has been cit­ed for scores of safe­ty vio­la­tions” and whose license to oper­ate is cur­rent­ly on pro­ba­tion. In an exclu­sive sto­ry by inves­tiga­tive reporter Chris McDaniel, BuzzFeed dis­cov­ered that Texas secret­ly obtained exe­cu­tion drugs from the Greenpark Compounding Pharmacy, a phar­ma­cy that the Texas State Board of Pharmacy has cited…

As fed­er­al pros­e­cu­tors dropped the death penal­ty against a Navajo man accused of killing a police offi­cer on Navajo land, the U.S. Supreme Court heard argu­ment in a sep­a­rate case on the sta­tus of a treaty estab­lish­ing the bor­ders of the Creek Nation reser­va­tion that could deter­mine whether Oklahoma has juris­dic­tion to car­ry out the death penal­ty against a cit­i­zen of the Muscogee (Creek) tribe. The two cas­es high­light issues of Native American…

For the sec­ond time in less than six months, the Texas Court of Criminal Appeals (TCCA) has upheld a death sen­tence that the tri­al court, lawyers for the pros­e­cu­tion and defense, and men­tal health experts all agree should not be car­ried out. On November 21, 2018, in an unpub­lished and unsigned opin­ion that mis­spelled death-row pris­on­er Jeffery Wood​’s name, the court reject­ed a rec­om­men­da­tion by the Kerr County District Court to overturn…

On November 21, 2018, Kentucky marked 10 years since its last exe­cu­tion, becom­ing the eleventh cur­rent death-penal­ty state that has not car­ried out an exe­cu­tion in more than a decade. Another 20 states have leg­isla­tive­ly or judi­cial­ly abol­ished their death-penal­ty laws, bring­ing the num­ber of states that do not active­ly use the death penal­ty to 31. On the day before Kentucky reached its 10-year mile­stone, a law­suit filed in fed­er­al court high­light­ed some of the greatest…