Publications & Testimony

In a recent com­men­tary arti­cle in Medium, psy­chol­o­gist Dr. Frederick J. Frese, III (pic­tured) — a Marine Corps vet­er­an who has him­self been diag­nosed with para­noid schiz­o­phre­nia — argues that Congress and state leg­is­la­tures should pass laws exempt­ing peo­ple with severe men­tal ill­ness from the death penal­ty. ​“Supporters and oppo­nents of the death penal­ty agree that it should only be reserved for the most cul­pa­ble and delib­er­ate of crim­i­nals who com­mit heinous crimes,” Frese writes. He…

, an intel­lec­tu­al­ly dis­abled pris­on­er whose con­vic­tion and death sen­tence was over­turned in 1980, was freed from prison in Texas on June 12, 2017, hav­ing spent 35 years in jail with­out a valid con­vic­tion and with­out being retried. Hartfield, whose IQ is in the 50s or 60s, was con­vict­ed and sen­tenced to death in 1977 on charges that he had mur­dered a bus sta­tion work­er. Hartfield con­fessed to the crime, but has long assert­ed his inno­cence and that his…

Death-row pris­on­ers and the state of Arizona have reached a ten­ta­tive set­tle­ment to address the state’s lethal-injection…

Defense attor­neys for Travis Bredhold, a Kentucky defen­dant fac­ing the death penal­ty for a mur­der com­mit­ted when he was 18 years old, are ask­ing a judge to extend the death-penal­ty exemp­tion for juve­nile offend­ers to those younger than age 21. In 2005, the U.S. Supreme Court (pic­tured) ruled in Roper v. Simmons that the death penal­ty was uncon­sti­tu­tion­al­ly cru­el and unusu­al pun­ish­ment when applied to offend­ers who were under age 18…

Thirty years ago, film­mak­er Errol Morris, who direct­ed the doc­u­men­tary ​“The Thin Blue Line,” helped to exon­er­ate Texas death-row pris­on­er Dale Adams, false­ly accused of mur­der­ing a police offi­cer. During the course of mak­ing the film, Morris met the noto­ri­ous Texas pros­e­cu­tion psy­chi­a­trist, Dr. James Grigson, who rou­tine­ly tes­ti­fied that cap­i­tal defen­dants — includ­ing the inno­cent Mr. Adams — posed a risk of future…

QUESTION PRESENTED: Whether the Fifth Circuit erred in hold­ing that 18 U.S.C. § 3599(f) with­holds ​“rea­son­ably nec­es­sary” resources to inves­ti­gate and devel­op an inef­fec­tive- assis­tance-of-coun­sel claim that state habeas coun­sel for­feit­ed, where the claimant’s exist­ing evi­dence does not meet the ulti­mate bur­den of proof at the time the § 3599(f) motion is…

Exonerated: A History of the Innocence Movement, by Robert J. Norris, describes the rise of the ​“inno­cence move­ment,” the lawyers, inves­ti­ga­tors, jour­nal­ists, law­mak­ers, and orga­ni­za­tions that have worked to uncov­er wrong­ful con­vic­tions, edu­cate the pub­lic about the prob­lem, and reform the crim­i­nal jus­tice sys­tem to pre­vent future mis­takes. For the book, Norris inter­viewed 37 key lead­ers on the issue, includ­ing Innocence Project co-founders Barry Scheck and Peter Neufeld, and Rob…

An Ohio appeals court heard argu­ment on June 6 on whether to grant a new tri­al to for­mer death-row pris­on­er Kevin Keith (pic­tured), whose death sen­tence was com­mut­ed to life with­out parole by Ohio Governor Ted Strickland in 2010 amid con­cerns that he may be inno­cent. Keith, who has con­sis­tent­ly main­tained his inno­cence of the three 1994 mur­ders for which he was sen­tenced to death, pre­sent­ed argu­ment to the Ohio Court of Appeals for the 3^rd…

From 2007 to 2013, Dallas sen­tenced twelve cap­i­tal­ly charged defen­dants to death — more than any oth­er coun­ty in Texas—and Dallas ranks sec­ond nation­al­ly, behind only Harris County (Houston), in the num­ber it has exe­cut­ed since 1972. But the coun­ty has not imposed any new death sen­tences since then, and the recent life sen­tences in the cap­i­tal tri­als of Justin Smith and Erbie Bowser high­light a statewide trend…