Publications & Testimony

Items: 4301 — 4310


Apr 14, 2009

LEGISLATION: Virginia Senate Upholds Governor’s Veto of Death Penalty Expansion

The Virginia Senate upheld Gov. Tim Kaine’s vetoes of pro­pos­als to expand cap­i­tal pun­ish­ment on April 8. The Senate vote fell short of the two-thirds need­ed to over­ride Gov. Kaine’s vetoes of the bills that would have extend­ed cap­i­tal pun­ish­ment to mur­der accom­plices who were not the actu­al killer and to those who kill on-duty fire mar­shals and aux­il­iary police offi­cers. This marks the third con­sec­u­tive year that Gov. Kaine has vetoed bills to expand cap­i­tal punishment to…

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Apr 13, 2009

EDITORIALS: Hartford Courant Calls for End to Connecticut’s Death Penalty

The Hartford Courant has called for an end to the death penal­ty in Connecticut, cit­ing its costs and risks. The paper called a leg­isla­tive committee’s work toward abol­ish­ing Connecticut’s death penal­ty brave,” and said the state’s cap­i­tal pun­ish­ment sys­tem was unwork­able, not to men­tion expen­sive, unfair, and risky.” They quot­ed State Sen. Mary Anne Handley who said: The death penal­ty is nei­ther swift nor cer­tain. It may even be cer­tain that it’s…

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Apr 09, 2009

Former Illinois Death Row Inmate Acquitted in Retrial

A for­mer Illinois death row inmate, Nathson Fields, was acquit­ted on April 8 of a dou­ble homi­cide for which he spent eleven and a half years on death row. I feel like my prayers have been answered,” said Fields after the judge issued the not guilty ver­dict in the retri­al. In Field’s orig­i­nal tri­al, the judge took a $10,000 bribe, but then returned the mon­ey when he dis­cov­ered he was under fed­er­al inves­ti­ga­tion. Fields and a co-defen­dant were convicted and…

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Apr 08, 2009

Ecuador Seeks Return of Florida Death Row Inmate

Ecuador is demand­ing the return of one of their cit­i­zens from Florida’s death row because they main­tain he was tak­en from Ecuador ille­gal­ly. The inmate, Nelson Serrano Saenz, is a dual cit­i­zen of the U.S. and Ecuador. Ecuador says he should have nev­er been tak­en from their coun­try by Florida offi­cials, call­ing the arrest a kid­nap­ping” and accus­ing the U.S. gov­ern­ment of phys­i­cal mal­treat­ment of Serrano as well. Ecuador does not have the…

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Apr 07, 2009

NEW RESOURCES: Latest Death Row USA” Report Released by NAACP Legal Defense Fund

According to the lat­est edi­tion of Death Row U.S.A. pub­lished by the NAACP Legal Defense and Educational Fund (LDF), the size of death row decreased slight­ly as of July 1, 2008 com­pared to Jan. 1. After increas­ing steadi­ly for about 25 years, the death row pop­u­la­tion start­ed decreas­ing in 2000. The cur­rent total of defen­dants on state and fed­er­al death rows is 3,307, of whom 45% are white, 41.6% are black, and 11% are Latino/​Latina. Over 98% of those on death…

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Apr 07, 2009

STUDIES: The Application of the Death Penalty in New Mexico

A study by attor­ney Marcia Wilson was recent­ly pub­lished in the New Mexico Law Review: The Application of the Death Penalty in New Mexico, July 1979 through December 2007: An Empirical Analysis.” Wilson’s research reveals new infor­ma­tion on how the death penal­ty was applied in New Mexico after its rein­state­ment. The arti­cle was pub­lished before New Mexico repealed the death penal­ty in March 2009, and served as valu­able infor­ma­tion dur­ing the leg­isla­tive debate. Wilson…

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Apr 05, 2009

Florida Facing Furloughs of Prosecutors and Public Defenders; Likely to Clog Courts

Across the state of Florida, pub­lic defend­ers and pros­e­cu­tors are fac­ing fur­loughs due to a bud­get short­fall, poten­tial­ly leav­ing the crim­i­nal court sys­tem at a stand­still dur­ing some of the next three months. As we have hung to the cliff by our fin­ger­nails, this 15 per­cent [bud­get] cut is the boot stomp­ing our hands,” the Florida Prosecuting Attorneys Association wrote to Gov. Charlie Crist recent­ly. Public defend­ers say they will not be able to take any new cas­es, though…

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Apr 03, 2009

STUDIES: Researchers Find Root of Wrongful Convictions in Forensic Science Testimony

A ground­break­ing study by Brandon Garrett and Peter Neufeld pub­lished in the Virginia Law Review explores erro­neous sci­en­tif­ic tes­ti­mo­ny by pros­e­cu­tion experts in the tri­als of defen­dants who were lat­er exon­er­at­ed through DNA test­ing. The research, Invalid Forensic Science Testimony and Wrongful Convictions,” explored sero­log­i­cal analy­sis and micro­scop­ic hair com­par­i­son, bite mark evi­dence, shoe prints, soil, fiber, fin­ger­print com­par­isons, and DNA test­ing. In 60% of the…

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Apr 02, 2009

Supreme Court Rules that Federal Funding Extends to State Clemency Representation

On April 1, the U.S. Supreme Court held in Harbison v. Bell that fed­er­al­ly appoint­ed coun­sel can rep­re­sent indi­gent cap­i­tal clients in state clemen­cy pro­ce­dures. The case, which was argued before the Supreme Court in January 2009, asked whether a fed­er­al law that pro­vides lawyers to indi­gent state death row inmates for parts of their appeal guar­an­tees them the con­tin­u­a­tion of that rep­re­sen­ta­tion through the state clemen­cy process. The law says that…

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Apr 01, 2009

Attorneys’ Late Filings Forfeit Final Capital Appeals

According to a review by the Houston Chronicle, Texas attor­neys who failed to meet dead­lines in fil­ing their clients’ appeals for­feit­ed the final oppor­tu­ni­ty to appeal for at least 9 men, 6 of whom have already been exe­cut­ed. The fail­ures includ­ed lawyers who mis­cal­cu­lat­ed or mis­un­der­stood the dead­lines, com­put­er fail­ures, and human error. Many were dis­missed sim­ply because they were filed after busi­ness hours on the day of the dead­line. James Marcus, an expert in…

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