Publications & Testimony

The Delaware Supreme Court heard oral argu­ment on June 15 in Rauf v. State, a case chal­leng­ing the con­sti­tu­tion­al­i­ty of the state’s death sen­tenc­ing statute on the grounds that it vio­lates the Sixth Amendment right to tri­al by jury. The chal­lenge arose in the wake of the U.S. Supreme Court deci­sion in January 2016 in Hurst v. Florida, which struck down Florida’s sen­tenc­ing scheme, say­ing that “[t]he Sixth Amendment requires a jury, not a…

On June 13, 1966, the U.S. Supreme Court decid­ed Miranda v. Arizona, grant­i­ng sus­pects crit­i­cal con­sti­tu­tion­al pro­tec­tions designed to com­bat abu­sive police inter­ro­ga­tion prac­tices. In com­men­tary for The Marshall Project, Samuel Gross (pic­tured) and Maurice Possley of the National Registry of Exonerations dis­cuss the inter­play between false con­fes­sions, the death penal­ty, and wrong­ful con­vic­tions and describe how Miranda​’s famous rights to remain…

A recent poll con­duct­ed by the University of South Carolina reveals deep racial divi­sions in the state over the death penal­ty and over the appro­pri­ate­ness of apply­ing it in the case of Dylann Roof, the white defen­dant who faces state and fed­er­al cap­i­tal charges in the race-based killings of nine black mem­bers of Emanuel AME Church in Charleston. According to the poll, 64.9% of African Americans in South Carolina oppose the death penal­ty, while 69.4% of white…

Saying that he has a per­ma­nent con­di­tion that makes him too men­tal­ly ill to exe­cute, the office of California Attorney General Kamala Harris (pic­tured) recent­ly asked the California Supreme Court to remove Ronnie McPeters from California’s death row and resen­tence him to life without…

A sec­ond Florida tri­al court has ruled that the state’s new death penal­ty statute is uncon­sti­tu­tion­al. On June 9, Hillsborough County Judge Samantha Ward barred pros­e­cu­tors from seek­ing death against Michael Edward Keetley, say­ing that the state’s death penal­ty statute vio­lat­ed the Sixth Amendment to the U.S. Constitution. Judge Ward said that the Florida leg­is­la­ture’s changes to the sen­tenc­ing law after the U.S. Supreme Court had declared the old statute unconstitutional in…

On June 9, the U.S. Supreme Court held in Williams v. Pennsylvania that Terry Williams’ (pic­tured) due process rights were vio­lat­ed when Pennsylvania’s Chief Justice refused to recuse him­self from the case. Ronald Castille served as Philadelphia District Attorney before being elect­ed to the Pennsylvania Supreme Court. As District Attorney, he per­son­al­ly approved the deci­sion to pur­sue the death penal­ty against the 18-year-old Williams, and then,…

Pascal Calogero (pic­tured), for­mer asso­ciate and chief jus­tice of the Louisiana Supreme Court, has called upon the U.S. Supreme Court to review the case of David Brown, a Louisiana death row pris­on­er who is chal­leng­ing his sen­tence on the grounds that pros­e­cu­tors with­held excul­pa­to­ry evi­dence. Brown says pros­e­cu­tors vio­lat­ed the Supreme Court’s rul­ing in Brady v. Maryland, which requires dis­clo­sure of evi­dence that would be favorable…

A judge dis­missed mur­der charges against for­mer Texas death row pris­on­er Kerry Max Cook on June 6, after pros­e­cu­tors con­ced­ed that his due process rights had been vio­lat­ed by the pre­sen­ta­tion of false tes­ti­mo­ny from an alter­na­tive sus­pect. The deci­sion moves Cook one step clos­er to exon­er­a­tion, near­ly 40 years after he was orig­i­nal­ly con­vict­ed and sen­tenced to death for the 1977 mur­der of Linda Jo…

On June 6, the U.S. Supreme Court grant­ed writs of cer­tio­rari in two Texas death penal­ty cas­es, and will review the con­sti­tu­tion­al­i­ty of those death sen­tences dur­ing its next term. The two cas­es are Buck v. Stephens, in which Duane Buck was sen­tenced to death after a psy­chol­o­gist tes­ti­fied at his penal­ty tri­al that the fact that Buck is African-American increas­es the like­li­hood that he presents a future dan­ger to soci­ety; and…

Louisiana will not con­duct any exe­cu­tions in 2016 or 2017 as a result of a new court order issued with the con­sent of the par­ties in fed­er­al pro­ceed­ings chal­leng­ing the con­sti­tu­tion­al­i­ty of Louisiana’s lethal injec­tion process. At the request of the Louisiana Attorney General, a fed­er­al judge has delayed pro­ceed­ings on the state’s lethal injec­tion pro­to­col for an addi­tion­al 18 months, mak­ing January 2018 the ear­li­est date the state could resume exe­cu­tions. Attorney General…