Publications & Testimony
Items: 4131 — 4140
Dec 07, 2009
ARTICLES: “Selective Empathy” at Issue in Recent Supreme Court Opinion
Linda Greenhouse, former Supreme Court writer for the New York Times, recently wrote about the reversal of a death sentence by the U. S. Supreme Court. The Court overturned George Porter Jr.‘s death sentence because of the inadequate representation he received and the powerful mitigating evidence in Mr. Porter’s life that his attorney failed to investigate and present to the jury considering his client’s life. The Court’s opinion noted, “Our nation…
Read MoreDec 04, 2009
Ohio Inmate Challenges New Execution Method Before Dec. 8 Date
Kenneth Biros, who is scheduled for execution in Ohio on December 8, requested an emergency stay of execution in U.S. District Court, arguing that Ohio is moving too fast to use its new, one-drug lethal injection process. Last month, Ohio became the first state to adopt a one-drug lethal injection protocol when its three-drug method came under scrutiny following the botched execution attempt on death row inmate Romell Broom.
Read MoreDec 04, 2009
Testimony of Richard C. Dieter, Executive Director, Death Penalty Information Center, before the Commission to Study the Death Penalty in New Hampshire on costs of the death penalty and related issues
Testimony of Richard C. Dieter, Executive Director, Death Penalty Information Center, before the Commission to Study the Death Penalty in New Hampshire on costs of the death penalty and related issues. (December 4,…
Read MoreDec 03, 2009
Supreme Court Justices Disagree About Lengthy Time on Death Row
Justices John Paul Stevens and Clarence Thomas disagreed over whether to grant a stay of execution to Cecil Johnson, Jr., who was was convicted of murder in a 1980 shooting at a convenience store in Tennessee. Johnson had been on death row for nearly three decades. Justice Stevens said this lengthy time between his sentencing and execution could amount to cruel and unusual punishment: “[T]he delay itself subjects death row inmates to decades…
Read MoreDec 01, 2009
Mental Retardation and Poor Representation Asserted in Upcoming Texas Execution
Attorneys for Bobby Wayne Woods are seeking to delay his December 3 execution because of his trial lawyer’s incompetent representation and the fact that Woods is mentally retarded. Woods’ current lawyer is asking the Texas Board of Pardons and Paroles for a 60-day reprieve so that it can assess Woods’ mental competency for execution. Attorney Maurie Levin, an adjunct law professor at the University of Texas, said that the prior lawyer failed to plead Woods’…
Read MoreNov 30, 2009
U.S. Supreme Court Reverses Death Sentence Citing Veteran’s War Trauma
On November 30, the United States Supreme Court overturned the death sentence of George Porter, a Korean War veteran from Florida who had been convicted of murder in 1988. The Court stated that Porter’s trial lawyer failed to investigate and present ample mitigating evidence, including the fact that Porter’s battle service in the war left him severely traumatized. The U.S. Court of Appeals for the Eleventh Circuit had held that such evidence would not have…
Read MoreNov 30, 2009
Articles: Arbitrariness and Race
Linda Greenhouse, “Selective Empathy,” The New York Times, December 3, 2009; Porter v. McCollum, No. 08 – 10537 (U.S. Nov. 30, 2009) (per curiam); Bobby v. Van Hook, No. 09 – 144 (U.S. Nov. 9, 2009 (per curiam)Andrew Cohen, “Not the end of the affair,” CBS News, May 3, 2009Bob Herbert, “Who Gets the Death Penalty?,” New York Times, May 13, 2002.Taylor Bright and Jeb Phillips, “Execution of Justice,” Birmingham…
Read MoreNov 27, 2009
STUDIES: A Review of the Florida Death Penalty
Christopher Slobogin, Professor of Law and Psychiatry at Vanderbilt University, has written an evaluation of Florida’s death penalty to be published in a forthcoming edition of the Elon University Law Review. The evaluation is based on a study by an assessment team sponsored by the American Bar Association. Florida is one of the leading states in sentencing people to death, but it also has the most death row exonerations of any state in the…
Read MoreNov 25, 2009
Kentucky Supreme Court Puts Death Penalty on Hold
On November 25, the Supreme Court of Kentucky ruled that changes to the state’s lethal injection protocol were not properly adopted and must be submitted for public review and approval before executions can take place. According to the opinion, “[T]his Court cannot ignore the publication and public hearing requirements set forth in Kentucky statutes. Thus, the Department must proceed … to adopt as an administrative regulation all portions of the protocol implementing the…
Read MoreNov 24, 2009
NEW VOICES: Kentucky Public Defenders Call for Moratorium on Executions
On November 23, Kentucky Public Advocate Ed Monahan and Louisville Metro Chief Public Defender Dan Goyette called on the governor and the state’s Attorney General to stay all executions until an assessment team formed by the American Bar Association can objectively review the state’s death penalty. Monahan and Goyette wrote letters asking Attorney General Jack Conway not to request any further execution warrants and asking…
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