Publications & Testimony

After a review of North Carolina’s death penal­ty, the North Carolina Academy of Trial Lawyers has issued a series of 11 rec­om­men­da­tions that aim to address issues of fair­ness and accu­ra­cy in the state’s cap­i­tal pun­ish­ment statutes. In addi­tion to rec­om­men­da­tions address­ing hid­den evi­dence, mis­tak­en eye­wit­ness iden­ti­fi­ca­tions, dis­crim­i­na­tion, and unre­li­able con­fes­sions, the group urged North Carolina law­mak­ers to enact a mora­to­ri­um on exe­cu­tions while they con­sid­er implementing reforms…

Questions about the accu­ra­cy and fair­ness of Alabama’s death penal­ty con­tin­ue to sur­face as illus­trat­ed by a series of recent fed­er­al court rul­ings grant­i­ng two new tri­als and one new sen­tenc­ing hear­ing. All of the rul­ings were based on inad­e­quate rep­re­sen­ta­tion pro­vid­ed to the defen­dants. ​“Counsel sim­ply pro­vid­ed no defense to the death penal­ty,” Chief U.S. District Judge U.W. Clemon of Birmingham wrote March 31 in giv­ing one of the inmates a new tri­al. The man has been on death row 22…

District attor­neys from sev­er­al Massachusetts coun­ties, includ­ing Suffolk, Norfolk, Middlesex, Essex and Barnstable, had strong reser­va­tions about Governor Mitt Romney’s attempt to estab­lish a near­ly ​“fool­proof” death penal­ty sys­tem in the state. Some not­ed that noth­ing can elim­i­nate the pos­si­bil­i­ty of human error in such cas­es. The dis­trict attor­neys said that the state’s med­ical examiner’s office and crime labs are cur­rent­ly over­whelmed with work, and that the labs do not have the capacity…

Three sched­uled exe­cu­tions in May – Osvaldo Torres in Oklahoma, Kelsey Patterson in Texas, and Sammy Perkins in North Carolina – raise trou­bling ques­tions about the appli­ca­tion of the death penal­ty. Torres is a Mexican for­eign nation­al whose exe­cu­tion is sched­uled for May 18, just weeks after the International Court of Justice ruled that the United States should review the cas­es of 51 Mexican for­eign nation­als on death row in the U.S., includ­ing Torres’s case. At issue is whether the…

A District Court pan­el in Florida has endorsed a spe­cial ver­dict form that asks jurors to spec­i­fy what ele­ments of a crime war­rant a death penal­ty. The District Court cer­ti­fied its deci­sion as a mat­ter of great pub­lic impor­tance and asked the Florida Supreme Court to review the rul­ings, not­ing ​“this rul­ing could affect many cas­es that may ulti­mate­ly be reviewed by the Supreme Court.” In the orig­i­nal rul­ing in the cap­i­tal case against Alfredie Steele Jr., Pasco County Judge Lynn Tepper…

Exhibit A in how emo­tion can cloud rea­son is the polit­i­cal yam­mer­ing over an International Court of Justice rul­ing that the United States had vio­lat­ed a treaty guar­an­tee­ing for­eign crim­i­nal defen­dants the right to con­sult with their…

After less than five hours of delib­er­a­tion, jurors in a fed­er­al death penal­ty case in Maryland returned life sen­tences for two men con­vict­ed ear­li­er of fed­er­al drug con­spir­a­cy charges and firearms vio­la­tions. The fed­er­al case against Michael Taylor and Keon Moses was the first time since 1998 that U.S. pros­e­cu­tors in Baltimore had sought a death sen­tence. The life sen­tences for Taylor and Keon con­tin­ue a nation­al trend iden­ti­fied last year by the Federal Death Penalty Resource Counsel…

Daytona Beach…

North Carolina may become the first state to enact a mora­to­ri­um on exe­cu­tions through the leg­isla­tive process. A mora­to­ri­um mea­sure has already passed their Senate and is await­ing action in the House. A new Web site launched by the North Carolina Coalition for a Moratorium, www​.ncmora​to​ri​um​.org, con­tains a vast amount of infor­ma­tion relat­ed to this impor­tant issue. Among the top­ics exam­ined are the qual­i­ty of coun­sel, inno­cence, costs, access to DNA test­ing, deter­rence, race,…

St. Petersburg…