Publications & Testimony
Items: 3981 — 3990
Jul 01, 2010
U.S. Supreme Court Orders Reconsideration of Georgia Death Sentence Because of Inadequate Representation
On June 29, the U.S. Supreme Court returned a death penalty case to the Georgia Supreme Court to reconsider whether the failures of the defendant’s lawyer probably affected the sentence he received. Demarcus Sears was sentenced to death in 1993 for the murder of a woman in Cobb County. Sears’ attorneys attempted to convince jurors to spare his life by saying that he came from a stable and loving family who would be devastated if he received the death penalty.
Read MoreJun 30, 2010
EDITORIALS: “Forget the Death Penalty”
On June 24, the Democrat Herald (Oregon) featured an editorial about Randy Lee Guzek, who was recently sentenced to death for the fourth time for murders committed in 1987. The Oregon Supreme Court overturned his three previous death sentences on various grounds. The editorial questioned whether such a death penalty process made any sense. “If the procedures are so difficult that Oregon trial courts cannot get them…
Read MoreJun 29, 2010
Federal Court Reviews New Evidence that Might Prove Troy Davis’s Innocence
On June 23 – 24, U.S. District Judge William T. Moore heard new testimony in the case of death row inmate Troy Anthony Davis, who was given an unusual chance by the U.S. Supreme Court to “clearly establish” his innocence after almost 20 years. Davis was convicted in 1991 of the shooting of a Savannah police officer based on eyewitness testimony that identified him as the shooter. During the recent hearings in federal court, four witnesses recanted their…
Read MoreJun 28, 2010
U.S. Supreme Court Upholds Alabama Inmate’s Challenge to Death Sentence
On June 24, the U.S. Supreme Court ruled in favor of Billy Joe Magwood, an Alabama defendant convicted of a 1979 murder whose challenge to the state’s death penalty law had been ruled untimely by lower courts. Magwood’s first death sentence was overturned, but he was sentenced to death a second time. When Magwood filed a habeas petition challenging his new death sentence, the U.S. Court of Appeals for the Eleventh Circuit held that Magwood’s challenge to his…
Read MoreJun 25, 2010
NEW VOICES: Former Georgia Supreme Court Justice Would Have Granted Troy Davis a Hearing
Judge Norman Fletcher served on the Georgia Supreme Court and was in the majority that upheld Troy Davis’s original conviction and death sentence on direct appeal. However, Judge Fletcher has noted he was not on the court after many of the witnesses from Davis’s trial recanted their testimony, and he probably would have voted in favor of a new evidentiary hearing for Davis if he was on the court today. Judge Fletcher recently wrote about the…
Read MoreJun 24, 2010
EDITORIALS: “Congress Must Rewrite the Law Governing Lawyers for Poor Death-Row Inmates”
The Washington Post recently published an editorial calling for Congress to rewrite the part of the Anti-Terrorism and Effective Death Penalty Act of 1996 that governs legal representation for indigent death-penalty defendants. The law allows a fast-track for federal appeals of state capital convictions provided states guarantee and pay for a system of legal representation that covers all capital defendants . Originally, the program had to be certified by the federal…
Read MoreJun 23, 2010
NEW VOICES: Former New Hampshire Supreme Court Justice Calls for Abolition
Joseph P. Nadeau, who served on New Hampshire’s Supreme Court for six years and as a judge for 37 years, recently testified before the state’s death penalty commission about his opposition to the practice. In an op-ed, Judge Nadeau summarized the moral and practical reasons why he believes capital punishment should be repealed. “Our thinking evolves, as people, technology, and societies progress,” he said. “And what is acceptable at one time in our history…
Read MoreJun 22, 2010
NEW RESOURCES: “The State of the World’s Human Rights”
Amnesty International recently released its annual report on international abuses and progress in the field of human rights: “The State of the World’s Human Rights.” The report covers January to December 2009 and addresses human rights issues in every country around the world. The report also highlights countries’ involvement in international and regional human rights treaties. Among the nations in the Americas, the United States had the most active…
Read MoreJun 21, 2010
Federal Court Finds Georgia’s Standards for Mental Retardation (Intellectual Disability) Unconstitutional
On June 18, a federal appeals court in Atlanta held that the burden Georgia places on death-penalty defendants to prove they are intellectually disabled, and thus exempt from the death penalty, is unconstitutional. The U.S. Court of Appeals for the Eleventh Circuit said that requiring defendants to prove intellectual disability (mental retardation) “beyond a reasonable doubt” violates the Eighth Amendment’s ban against cruel and unusual punishments. It could…
Read MoreJun 18, 2010
BOOKS: Voices of the Death Penalty Debate
Voices of the Death Penalty Debate: A Citizen’s Guide to Capital Punishment is a new book that explores arguments for and against the death penalty through testimony given at the historic 2004 and 2005 hearings in New York on whether the state’s death penalty should be reinstated. The state’s law was struck down by the N.Y. Court of Appeals in 2004. Authored by Russell Murphy, a Suffolk University Law School professor, the book walks readers through testimony from…
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