Publications & Testimony

Justice Evelyn Lundberg Stratton of the Ohio Supreme Court called upon the leg­is­la­ture to exempt defen­dants with seri­ous men­tal ill­ness from the death penal­ty. Judge Stratton con­curred in the affir­mance of the death sen­tence for Donald Ketterer. She not­ed that she was not ques­tion­ing Ketterer’s guilt, nor whether he was com­pe­tent to stand tri­al, nor even his pos­si­ble men­tal retar­da­tion, all of which are cov­ered by oth­er aspects of the law. Rather the judge said she was…

According to a new report from the FBI, the num­ber of police offi­cers killed in the line of duty declined in 2005 com­pared with 2004, and was 22% less than the num­ber killed in 2001. Fifty-five law enforce­ment offi­cers were felo­nious­ly killed in 2005, 57 in 2004, and 70 in 2001. The South had the largest num­ber of police offi­cers killed, almost three times more than any of the oth­er regions in the coun­try. Twenty-eight offi­cers were killed in the South, 10 in the Midwest, 10 in…

The Fall 2006 edi­tion of the Golden Gate University Law Review con­tains papers from the recent Symposium entitled ​“The Faces of Wrongful Conviction” that was held at UCLA in April 2006. The jour­nal includes arti­cles by Simon Cole on fin­ger­print evi­dence, by Alexandra Natapoff on the use of snitch­es, by Craig Haney on expand­ing beyond inno­cence when exam­in­ing injus­tices in cap­i­tal cas­es, and by Thomas Sullivan on the record­ing of cus­to­di­al inter­views.(37 Golden…

The Austin American-Statesman con­duct­ed an exten­sive study of the qual­i­ty of rep­re­sen­ta­tion that death row inmates receive in Texas. The study concluded…

The National Coalition to Abolish the Death Penalty will hold its nation­al con­fer­ence at the Fair Lakes Hyatt Hotel in Fairfax, Virginia, October 26 – 29, 2006. The NCADP con­sists of a wide spec­trum of groups and indi­vid­u­als opposed to the death penal­ty. Among the speak­ers at this year’s event are Theodore Shaw, President of the NAACP Legal Defense and Education Fund, Hugo A. Bedau, author and Professor of Philosophy Emeritus at Tufts University, and numerous individuals…

“The Dreams of Ada” by Robert Mayer tells a sto­ry strik­ing­ly sim­i­lar to that recount­ed by John Grisham in ​“The Innocent Man.” Each book involves the mur­der of a young woman from Ada, Oklahoma in the ear­ly 1980s. In both cas­es, there are two defen­dants whose con­vic­tions rely on lit­tle pro­ba­tive evi­dence but involve​“con­fes­sions” that emerged from a dream. Both pros­e­cu­tions were led by Bill Peterson and both involved the same jail-house infor­mant. The…

Judge Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit was the main speak­er at the​“Red Mass” on October 4 at the Catholic cathe­dral in Corpus Christi, Texas. The Red Mass is an annu­al litur­gy held for mem­bers of the legal pro­fes­sion near the begin­ning of the judi­cial term. Its tra­di­tions extend back to 13^th cen­tu­ry Europe. Judge King spoke about the death penal­ty, both from her per­spec­tive as a judge and as a Catholic. In both areas, she raised strong…

A recent law review arti­cle by Prof. Michael Mannheimer of the Salmon P. Chase College of Law argues that the fed­er­al penal­ty may vio­late the Eighth Amendment’s pro­scrip­tion against cru­el and unusu­al pun­ish­ments when it is used in states that do not have the death penal­ty. Prof. Mannheimer explores the strain of the Eighth Amendment’s his­to­ry that is specif­i­cal­ly con­cerned with lim­it­ing the fed­er­al gov­ern­men­t’s pow­er to inter­fere with the norms of individual…

Dennis Counterman was freed from a Pennsylvania court­room on October 18, 2006 after serv­ing many years on the state’s death row. Counterman had been con­vict­ed and sen­tenced to death in 1990 for alleged­ly set­ting a fire in his own house that result­ed in the death of his three chil­dren. That con­vic­tion was over­turned in 2001 because pros­e­cu­tors had with­held evi­dence from the defense indi­cat­ing that the old­est child had a his­to­ry of fire-set­t­ing. At…

The Morning CallBy Debbie GarlickiOctober 19, 2006 The plea: Entered an Alford plea to three counts of third-degree…