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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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…
Read MoreApr 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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