Publications & Testimony

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…

As Edmund Zagorski faces a November 1, 2018 exe­cu­tion in Tennessee, the courts have required him to choose between death by lethal injec­tion and elec­tro­cu­tion. His lawyers argue that both meth­ods, as well as the forced choice between the two, are uncon­sti­tu­tion­al. In a law­suit filed in fed­er­al dis­trict court on October 26, 2018 and appealed to the U.S. Court of Appeals for the Sixth Circuit on October 30, Zagorski’s attor­ney, Kelley Henry, wrote of…

The Florida Supreme Court has upheld the death sen­tence imposed on William Roger Davis, III (pic­tured), even though Davis’s death sen­tence vio­lates both the Florida and fed­er­al con­sti­tu­tions. In a deci­sion issued on October 25, 2018, the court refused to redress the uncon­sti­tu­tion­al­i­ty of the death sen­tence — imposed by a tri­al court judge after a bare 7 – 5 major­i­ty of jurors had rec­om­mend­ed death — rul­ing that dur­ing post-con­vic­tion pro­ceed­ings before the trial…

The South Dakota Supreme Court has denied motions that sought to delay the October 29, 2018 exe­cu­tion of Rodney Berget (pic­tured). As the state pre­pared to exe­cute Berget, the for­mer pub­lic defend­er who rep­re­sent­ed him at tri­al took action to fight a prospec­tive legal guardian’s efforts to keep the for­mer Special Olympics par­tic­i­pant from being put to death. On Friday, October 26, Juliet Yackel, a Chicago-based lawyer who had been retained in…

A Virginia jury has spared the life of Iraq war vet­er­an Ronald Hamilton (pic­tured, right, with his father) in the 2016 killings of his wife and a rook­ie police offi­cer. The jury split 6 – 6 on whether to impose the death penal­ty for Hamilton’s mur­der of his wife, Crystal Hamilton, but unan­i­mous­ly agreed to impose a life sen­tence for the death of Officer Ashley Guindon, who was killed while she respond­ed to Crystal Hamilton’s 911 call. Under…

“[T]he issue of race and the death penal­ty is not unique to the death penal­ty, it’s part of the broad­er prob­lem with the crim­i­nal jus­tice sys­tem,” says Bharat Malkani (pic­tured), author of the 2018 book Slavery and the Death Penalty: A Study in Abolition, in a new Discussions With DPIC pod­cast. In the October 2018 DPIC pod­cast, Malkani — a senior lec­tur­er in the School of Law and Politics at Cardiff University in the United Kingdom — speaks with…