Publications & Testimony

Since the U.S. Supreme Court’s deci­sion uphold­ing Kentucky’s lethal injec­tion process on April 16, there have been 9 exe­cu­tions:William Lynd GA 5/​6/​08Earl Berry MS 5/​21/​08Kevin Green VA 5/​27/​08Curtis Osborne GA 6/​4/​08David Hill SC 6/​6/​08 Karl Chamberlain TX 6/​11/​08Terry Short OK 6/​17/​08 James Reed SC 6/​20/​08Robert Yarbrough VA 6/​25/​08Race of Defendants: 5 white, 4 blackRace of Victims: 7 white, 5 black, 1 AsianRegions of…

In 1996, Illinois Governor Jim Edgar com­mut­ed the death sen­tence of Guin Garcia to life with­out parole, even though Garcia her­self had stopped fight­ing for her life. Garcia would have been the first woman exe­cut­ed in the U.S. in twelve years. She had been con­vict­ed of killing the man who had phys­i­cal­ly abused her, but she had dropped her appeals because she said she was done ​“beg­ging for her life.” Chicago Sun-Times reporter Carol Marin fol­lowed Garcia’s case after the…

Virginia Governor Timothy Kaine com­mut­ed the death sen­tence of Percy Walton (pic­tured) to life in prison with­out parole. Kaine can­celled the exe­cu­tion, sched­uled for 9pm on June 10, because ​“one can­not rea­son­ably con­clude that Walton is ful­ly aware of the pun­ish­ment he is about to suf­fer and why he is to suf­fer it”. The Governor found ​“that Walton’s clemen­cy peti­tion pre­sent­ed sig­nif­i­cant evi­dence that Walton had schiz­o­phre­nia, that such a men­tal ill­ness can cause serious…

Mexico has returned to the International Court of Justice (ICJ) in seek­ing a stay of exe­cu­tion for Mexican-born inmates in the U.S. Mexico request­ed the U.N.‘s high­est court, com­mon­ly referred to as the World Court, to inter­vene because the United States has failed to com­ply with an ear­li­er ICJ judg­ment order­ing a review of the tri­als of the Mexican cit­i­zens. The World Court ruled in 2004 that the U.S. vio­lat­ed the 1963 Vienna Convention on Consular Relations because it had not…

A new Texas Criminal Justice Integrity Unit has been formed by the Texas Court of Criminal Appeals to address con­cerns in the jus­tice sys­tem and to work with inmates who may have been wrong­ful­ly con­vict­ed. The state’s high­est court for crim­i­nal mat­ters will study issues such as eye­wit­ness iden­ti­fi­ca­tion, crime lab reli­a­bil­i­ty, police inter­ro­ga­tions, and stan­dards for pre­serv­ing evi­dence. Since 2001, 33 men have been exon­er­at­ed in Texas, includ­ing one man from death row. Texas leads the…

A recent law review arti­cle explores the qual­i­ty of defense rep­re­sen­ta­tion in cap­i­tal cas­es in Tennessee. Authors William Redick, Jr., Bradley Maclean, and M. Shane Truett con­duct­ed an in depth study of Tennessee death penal­ty cas­es in their arti­cle, ​“Pretend Justice – Defense Representation in Tennessee Death Penalty Cases” in the University of Memphis Law Review. The arti­cle argues that Tennessee fails to pro­vide effec­tive defense rep­re­sen­ta­tion in death penal­ty cas­es, citing…

Richard Taylor, a death row inmate in Tennessee suf­fer­ing from severe men­tal ill­ness, was resen­tenced to life with­out the pos­si­bil­i­ty of parole after a plea bar­gain with the state. Taylor was con­vict­ed and sen­tenced to death for the killing of a prison guard in 1981 after the prison had stopped giv­ing him his anti-psy­chot­ic med­ica­tion. Deputy District Attorney Derek Smith said, ​“Our office decid­ed that it would be in the best inter­est of the tax­pay­ers to spend the…

Terry Lyn Short is sched­uled to be exe­cut­ed on June 17 in Oklahoma. He was con­vict­ed of caus­ing a fire that killed Ken Yamamoto in 1995. A key wit­ness against Short at tri­al was a jail­house infor­mant who tes­ti­fied in return for lenien­cy on charges that he was fac­ing. Defense coun­sel at tri­al sought to present tes­ti­mo­ny of a third inmate in the same cell who was pre­pared to refute every­thing that the jail­house infor­mant had said. However, the tri­al judge refused to let…

Prof. John Blume of Cornell University Law School has com­piled the cas­es in which an inmate’s death sen­tence was reduced because of a find­ing of men­tal retar­da­tion. His research revealed 83 such rever­sals since 2002. In Atkins v. Virginia (2002), the U.S. Supreme Court held that it is uncon­sti­tu­tion­al to apply the death penal­ty to defen­dants with men­tal retar­da­tion. The Court did not, how­ev­er, estab­lish a def­i­n­i­tion for men­tal retar­da­tion or deter­mine the pro­ce­dures for prov­ing a claim…

U.S. District Court Judge Sam Sparks in Texas has ruled Scott Panetti men­tal­ly com­pe­tent enough to be exe­cut­ed. Panetti’s ear­li­er path to exe­cu­tion was blocked by the U.S. Supreme Court, which heard his appeal in 2007 (Panetti v. Quarterman). The Court held that the U.S. Court of Appeals for the Fifth Circuit had used too nar­row a stan­dard in decid­ing whether Panetti had an under­stand­ing of why he was to be exe­cut­ed. The Court also held that Texas had not giv­en Panetti an adequate…