Publications & Testimony

Below is an essay for our thir­ty-day series on John Paul Stevens by James Liebman, the Simon H. Rifkind Professor of Law at Columbia Law School. Liebman was a clerk for Justice Stevens dur­ing the 1978 Term and has since argued sev­er­al cap­i­tal and habeas cor­pus cas­es before the Supreme…

After spend­ing 20 years on death row, inmates Roy Gene Smith and David Lewis had their death sen­tences thrown out by the Texas Court of Criminal Appeals on April 28. The state’s high­est crim­i­nal court ruled that jurors who con­vict­ed Smith were erro­neous­ly kept from hear­ing tes­ti­mo­ny about his upbring­ing in a crime-rid­den Houston neigh­bor­hood. The court also deter­mined that Lewis should have been able to present evi­dence of his damaged…

A New York truck dri­ver, who spent near­ly 19 years in prison for mur­der, was released on April 28, after test­ing of DNA found in the vic­tim’s cloth­ing exclud­ed him as the killer. Frank Sterling, now 46, was con­vict­ed of the 1988 mur­der of Viola Manville after he con­fessed to the crime dur­ing an all-night inter­ro­ga­tion. He lat­er recant­ed this con­fes­sion, claim­ing he had slipped into an hyp­not­ic state dur­ing the lengthy ques­tion­ing and par­rot­ed details giv­en to…

A bill that would change California​’s lethal injec­tion pro­ce­dure unan­i­mous­ly passed the Senate Public Safety Committee on April 20. Senate Bill 1018, authored by Sen. Tom Harman, would require the California Department of Corrections and Rehabilitation to devel­op and imple­ment a one-drug lethal injec­tion process involv­ing an appro­pri­ate anes­thet­ic. California has had a de fac­to mora­to­ri­um on exe­cu­tions since February 2006 when a fed­er­al judge held that the state’s 3‑drug…

The AFP recent­ly exam­ined the time an inmate spends on death row between sen­tenc­ing and exe­cu­tion and ques­tioned if inmates are being pun­ished twice with long-term impris­on­ment and exe­cu­tion. They found an aver­age inmate spends 13 years on death row, with some spend­ing 30 years or more. Craig Haney, pro­fes­sor of psy­chol­o­gy at the University of California, Santa Cruz and expert on pris­on­ers held in iso­la­tion, said, ​“People on death row live under the threat of death, which is…

In California, fam­i­lies of mur­der vic­tims Amber Dubois and Chelsea King agreed to a life sen­tence with­out parole for the girls’ killer, John Albert Gardner. Brent King, Chelsea’s father, said that agree­ing with County District Attorney Bonnie Dumanis’ deci­sion not to seek the death penal­ty for his daugth­er’s killer was ​“tor­tur­ous,” but so would have been a death penal­ty tri­al and the years of appeals that fol­low. Dumanis said there was enough evi­dence to…

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