Publications & Testimony

On November 4, 2024, the United States Supreme Courts released its order in the case of Hamm v. Smith, 604 U.S. ​​_​(2024). The peti­tion for cer­tio­rari, filed by the State of Alabama last year, involved a pris­on­er named Joseph Clifton Smith whose death sen­tence was vacat­ed in 2021 after a United States dis­trict court found he had intel­lec­tu­al dis­abil­i­ty. Mr. Smith had tak­en five IQ tests, four of which placed his IQ in the low- to mid-70s, the range gen­er­al­ly accepted by…

Image of Richard Moore, courtesy…

Kentucky…

The Death Penalty Information Center is pleased to share a pow­er­ful new resource illus­trat­ing the dire con­se­quences of inad­e­quate legal rep­re­sen­ta­tion in cap­i­tal cas­es: a data­base of cas­es that were dis­missed because they were not filed by the statu­to­ry dead­line. The list of cas­es, devel­oped by Professor Eric M. Freedman (pic­tured) and law stu­dent Paul Sessa of Hofstra University School of Law, will be updat­ed by DPI going for­ward. Mr. Sessa and Professor Freedman…

“If you are charged with cap­i­tal mur­der … you are less like­ly to get…

Robert Roberson with daugh­ter Nikki. Courtesy of the…

Derrick Dearman first told his moth­er that he want­ed to die when he was four years old. On October 17, he was exe­cut­ed by the state of Alabama, becom­ing the 20^th per­son exe­cut­ed in the United States this year and the 165^th in the mod­ern era to​“vol­un­teer” for death. A new analy­sis by the Death Penalty Information Center shows that despite falling rates of death sen­tences, exe­cu­tions, and pub­lic sup­port for the death penal­ty, the num­ber of death-sentenced prisoners…

Death-sen­­tenced pris­on­ers with cred­i­ble evi­dence of inno­cence have gained sig­nif­i­cant atten­tion this month with the exe­cu­tion of Marcellus Williams in Missouri, the near-exe­cu­­tion of Robert Roberson in Texas, and the U.S. Supreme Court argu­ments in Glossip v. Oklahoma. There is a com­mon mis­con­cep­tion that DNA evi­dence is wide­ly avail­able in all cas­es and cen­tral to exon­er­a­tions, but the real­i­ty is that DNA exon­er­a­tions in death penal­ty cases are…

South Carolina National Guard, Public domain, via Wikimedia…

The Texas House Committee on Criminal Jurisprudence heard tes­ti­mo­ny on Monday October 21, 2024 from nov­el­ist John Grisham, talk show host​“Dr. Phil” McGraw, but not its expect­ed star wit­ness, Robert Roberson, whose sub­poe­naed tes­ti­mo­ny result­ed in a dra­mat­ic last-minute stay of exe­cu­tion on October 17^th from the Texas Supreme Court. Legislators said they could not reach an agree­ment with the Office of the Texas Attorney General to facil­i­tate Mr. Roberson’s in-person…