Publications & Testimony

In a forthcoming article in the American Journal of Criminal Law, John H. Blume of Cornell Law School explores recent Supreme Court decisions that affect the guidelines for effective counsel for capital defendants. Blume notes in “It’s Like Déjà Vu All Over Again: Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard and a (Partial) Return to the Guidelines Approach to the Effective Assistance of Counsel” that despite the recognition by researchers, litigators, and judges of the problem of…

The U.S. Supreme Court has agreed to hear a case in which it will decide how appellate courts are to evaluate claims of ineffective assistance of counsel in plea negotiations. The case, Arave v. Hoffman (07 – 110), is the latest effort by the Justices to decide whether mistakes made by a defense lawyer warrant overturning a criminal’s conviction or sentence. The appeal stems from a Idaho 1987 murder committed by Max Hoffman and two other men. Five weeks before his trial, prosecutors offered…

With recent U.S. Supreme Court decisions underscoring the importance of defense counsel performance during capital trials, judges across the nation are struggling to balance the high costs of capital cases with the need for adequate representation. In Georgia, Judge Hilton M. Fuller Jr. has delayed the trial of Brian Nichols because the state public defender system has no money to pay for his attorneys and other expenses associated with his defense. Fuller said that it is pointless to proceed…

Superior Court Judge Lynn O’Malley Taylor held that the California Department of Corrections and Rehabilitation failed to follow proper procedure for instituting new regulations when it issued new lethal injection protocols in May. Under state law, an agency that adopts new regulations must first publish the text, invite public comments, hold a hearing if a member of the public requests one, and submit the final draft to the Office of Administrative Law, which decides whether the proposed rule…

As the U.S. Supreme Court prepares to consider the constitutionality of Kentucky’s lethal injection procedures, prosecutors in three Texas counties have decided to await the Justices’ ruling rather than ask judges to set execution dates and press forward through the courts. “It seems the common-sense thing to do at this point,” said Roe Wilson, who handles death penalty appeals for the Harris County District Attorney’s Office in Houston. Harris County sends more inmates to death row than any…

The most recent edition of The Angolite, the nation’s largest prison news magazine, contains an article detailing national death penalty trends and developments. The piece also highlights the impact of capital punishment on family members and close friends of those facing execution. It notes, “Lost in the shadows of these central arguments is something that defines us human beings: Taking care of our own. Unseen, unheard family members and close friends of those on death row have committed no…

New York’s Capital Defender Office is preparing to close its doors in the wake of a N.Y. Court of Appeals ruling that disposed of the final appeal of a death sentence under the capital punishment law declared unconstitutional in 2004. “It is … my intention to close the office as soon as practically possible,” said Kevin M. Doyle, who has served as Executive Director of the defender office established in 1995. Doyle said there is no point in keeping the office open given the status of the death…

The American Bar Association (ABA) renewed its call for a nationwide halt to executions following a series of state studies that found serious problems in their death penalty systems. “After carefully studying the way states across the spectrum handle executions, it has become crystal clear that the process is deeply flawed. The death penalty system is rife with irregularity,” said Stephen F. Hanlon (pictured), chairman of the ABA Death Penalty Moratorium Implementation Project. During the…

The New Mexico Supreme Court halted a death penalty case against 2 prison inmates charged with killing a guard during a 1999 riot because the defense has received insufficient funding to proceed. “Defense counsels’ compensation is inadequate under the facts of this case, violating defendants’ Sixth Amendment right to effective assistance of counsel,” the court said in a unanimous ruling. The court held that an additional $200,000 must be appropriated by the legislature before the case can move…

A recent Washington Post opinion poll found that Marylanders prefer the sentence of life in prison over the death penalty. In the October 2007 poll of 1,103 Maryland adults, respondents were asked to choose between the sentence of life in prison without parole or the death penalty for the crime of murder: 52% said they favored life without parole and 43% supported capital punishment. Among black respondents, support for life without parole was even stronger, with 65% responding that they…