Publications & Testimony

In a case in which the state’s Attorney General had asked for an exe­cu­tion date of March 27, the Mississippi Supreme Court instead threw out Michelle Byrom​’s mur­der con­vic­tion and death sen­tence and ordered a new tri­al just four days lat­er. The case was plagued with numer­ous prob­lems, includ­ing inad­e­quate rep­re­sen­ta­tion, crit­i­cal evi­dence not pre­sent­ed to the jury, con­fes­sions by anoth­er defen­dant, and the pros­e­cu­tion’s lack of…

Further analy­sis of a recent poll by the Pew Research Center found that sup­port for the death penal­ty was sig­nif­i­cant­ly low­er among some racial and eth­nic minori­ties than for the gen­er­al pop­u­la­tion. More Hispanics oppose the death penal­ty (50%) than sup­port it (40%), and the same is true of African Americans, with only about a third (36%) favor­ing cap­i­tal pun­ish­ment and a major­i­ty (55%) oppos­ing it. Democrats are about evenly split,…

Amnesty International recent­ly released its annu­al report on cap­i­tal pun­ish­ment around the world, not­ing,​“Developments in the world­wide use of the death penal­ty in 2013 con­firmed that its appli­ca­tion is con­fined to a small minor­i­ty of coun­tries.” As illus­trat­ed in the chart at left, over the past decade there has been an increase in the num­ber of coun­tries abol­ish­ing the death penal­ty and a decrease in coun­tries car­ry­ing out exe­cu­tions. Because…

Two for­mer jus­tices of the New Hampshire Supreme Court recent­ly voiced their sup­port for repeal­ing the death penal­ty. In an op-ed, Joseph Nadeau (l.) and John Broderick (r.) empha­sized the death penal­ty’s lack of deter­rent effect, say­ing,​“New Hampshire has not exe­cut­ed any­one for three quar­ters of a cen­tu­ry. Yet, it reg­is­tered the sec­ond low­est mur­der rate in the nation every year of this cen­tu­ry.” Murder rates were high­er in heavy-use death penalty…

On March 26, Oklahoma County District Judge Patricia Parrish held that the state’s lethal injec­tion secre­cy law vio­lates the con­sti­tu­tion­al right to due process of inmates slat­ed for exe­cu­tion.​“I think that the secre­cy statute is a vio­la­tion of due process because access to the courts has been denied,” she said, say­ing the case was not​“even a close call.” Death row inmates Clayton Lockett and Charles Warner challenged the…

On March 24, the U.S. Supreme Court agreed to hear argu­ments in Jennings v. Stephens (No. 13 – 7211), a Texas death penal­ty case involv­ing inef­fec­tive­ness of coun­sel. In his request for fed­er­al relief from his death sen­tence, Robert Jennings cit­ed three instances in which his tri­al lawyers failed to ade­quate­ly rep­re­sent him. A U.S. District Court grant­ed him relief on two of those claims (includ­ing fail­ure to present evidence of…

In his book,​“Quest for Justice: Defending the Damned,” Richard Jaffe explores the prob­lems of the American death penal­ty sys­tem through his expe­ri­ence as a cap­i­tal defense attor­ney in Alabama. During the past twen­ty years, Jaffe has helped secure the release of three death row inmates: Randall Padgett and Gary Drinkard, who were ful­ly exon­er­at­ed, and James Cochran, who was cleared of mur­der charges, but plead­ed guilty to…

A recent edi­to­r­i­al in the Jackson Free Press in Mississippi called for a halt to the sched­uled exe­cu­tion of Michelle Byrom, say­ing she is​“clear­ly not guilty of the crime for which the state plans to exe­cute her next week.” The edi­to­r­i­al not­ed that Byrom’s son had con­fessed to the crime four times.” He said the sto­ry he orig­i­nal­ly told sher­iffs impli­cat­ing his moth­er was made up because he was​“scared, con­fused and high”…

Michelle Byrom is sched­uled to be exe­cut­ed in Mississippi on March 27 for con­spir­ing to mur­der her hus­band, Edward Byrom, Sr. Her son, Edward Byrom, Jr., known as Junior, con­fessed to the crime on mul­ti­ple occa­sions, and wrote that he lied when he told police his moth­er and a friend were involved.​“I was so scared, con­fused, and high, I just start­ed spit­ting the first thought out, which turned in to this big con­spir­a­cy thing, for money,…

A new, but lim­it­ed, study of the costs of the death penal­ty in Idaho found that cap­i­tal cas­es are more cost­ly and take much more time to resolve than non-cap­i­­tal cas­es. One mea­sure of death-penal­­ty costs was reflect­ed in the time spent by attor­neys han­dling appeals. The State Appellate Public Defenders office spent about 44 times more time on a typ­i­cal death penal­ty appeal than on a life sen­tence appeal (almost 8,000 hours per cap­i­tal defendant compared…