Capital Case Roundup — Death Penalty Court Decisions the Week of July 62020

NEWS (7/​9/​20) — Florida: The Florida Supreme Court upheld the con­vic­tion and death sen­tence of Troy Merck, Jr. Merck had argued that his lawyer had uncon­sti­tu­tion­al­ly con­ced­ed his guilt over Merck’s objec­tion. The court said there was no concession.

According to the deci­sion, Merck argued that his con­vic­tion vio­lates the Sixth Amendment pur­suant to the United States Supreme Court’s deci­sion in McCoy v. Louisiana … because his appoint­ed tri­al coun­sel refused to abide by Merck’s assert­ed objec­tive of defense — actu­al inno­cence —and instead con­ced­ed Merck’s guilt at tri­al by argu­ing the defense of vol­un­tary intox­i­ca­tion.” The court reject­ed that argu­ment, stat­ing that the record con­clu­sive­ly refutes Merck’s alle­ga­tion that tri­al coun­sel con­ced­ed Merck’s guilt at trial.”


NEWS (7/​7/​20) — California: In a plea agree­ment with San Francisco District Attorney Chesa Boudin, death-row pris­on­er Clifford Bolden was resen­tenced to life in prison. Bolden was the only per­son from San Francisco on California’s death row.

In a state­ment, Boudin said, In recent years, an increas­ing num­ber of Americans — and San Franciscans — have come to rec­og­nize that the death penal­ty is not only unde­ni­ably cru­el and incon­sis­tent with the val­ues of a humane soci­ety, but also fails to deter or pre­vent crime. My office has not sought and will not seek the death penal­ty, and I am pleased that we have been able to ensure that no one pre­vi­ous­ly sen­tenced in San Francisco will remain on death row either.”


NEWS (7/​6/​20) — Idaho: The Idaho Supreme Court denied the cap­i­tal post-con­vic­tion appeal of James Hairston. Hairston, who was 19 at the time of the crime for which he was sen­tenced to death, had argued that it was uncon­sti­tu­tion­al to impose the death penal­ty on defen­dants younger than 21.