Death Penalty News and Developments for January 27 — February 22020

NEWS — January 31: Citing the unavail­abil­i­ty of exe­cu­tion drugs, Ohio Governor Mike DeWine has issued reprieves of three more exe­cu­tions sched­uled for the first half of 2020. DeWine post­poned the March 12 exe­cu­tion of Gregory Lott until May 27, 2021, delayed John Stumpf’s April 16 exe­cu­tion until September 15, 2021, and resched­uled the May 12 exe­cu­tion of Warren Keith” Henness for January 12, 2022. Six more exe­cu­tion dates are still pend­ing for Ohio death-row pris­on­ers in 2020, but they are not expect­ed to be carried out.


NEWS — January 31: In a bipar­ti­san 28 – 18 vote, the Washington State Senate has passed a bill that would for­mal­ize the state’s abo­li­tion of the death penal­ty by remov­ing cap­i­tal pun­ish­ment from the state’s statute books. SB 5339 now advances to the state House of Representatives, where a sim­i­lar bill died in 2019 when House lead­ers refused to bring it up for a vote.


NEWS — January 31: The Jacksonville, Arkansas City Council has vot­ed to set­tle a law­suit by the sis­ter of exe­cut­ed death-row pris­on­er Ledell Lee that had sought DNA test­ing of evi­dence the fam­i­ly believes will prove Lee’s inno­cence. The unan­i­mous 6 – 0 vote directs the Jacksonville Police Department to release phys­i­cal evi­dence for DNA test­ing by a neu­tral lab­o­ra­to­ry. Lee was exe­cut­ed in April 2017. The court still must approve the settlement.


NEWS — January 30: The Arkansas Supreme Court has affirmed the tri­al court’s order deny­ing Karl Roberts’ post-con­vic­tion chal­lenge to his con­vic­tion and death sen­tence. Roberts was con­vict­ed and sen­tenced to death for the rape and mur­der of his 12-year-old niece, the daugh­ter of a state rep­re­sen­ta­tive. Roberts was found com­pe­tent to waive his right to direct appeal. He lat­er tried to waive his post-con­vic­tion rights, but was found incom­pe­tent to do so. A key issue in his post-con­vic­tion appeal was whether he was tried while incom­pe­tent. Justice Jo Hart dis­sent­ed, say­ing that Roberts — who was diag­nosed with schiz­o­phre­nia and lost 15% of his brain when he was run over by a dump truck and left comatose — was incom­pe­tent to stand trial.


NEWS — January 30: The California Supreme Court has affirmed Ryan Hoyts con­vic­tion and death sen­tence in a direct appeal decid­ed near­ly two decades after charges were brought against him. Hoyt was rep­re­sent­ed at tri­al by a lawyer with two years expe­ri­ence who had a poten­tial con­flict of inter­est and who resigned from the bar dur­ing the tri­al court proceedings. 


NEWS — January 30: The U.S. Court of Appeals for the Eleventh Circuit has denied James Dailey per­mis­sion to lit­i­gate his inno­cence claim in fed­er­al court. The court ruled that Dailey was not enti­tled to have his cased reviewed based on new evi­dence because he had pre­vi­ous­ly claimed his actu­al inno­cence based on oth­er evi­dence. The only dif­fer­ence between this claim and the one [Dailey raised] in 2007 is some of the evi­dence each claim relies on,” the court wrote.


NEWS — January 29: Georgia exe­cut­ed Donnie Lance for the mur­der of his ex-wife and her boyfriend. He was the sec­ond pris­on­er exe­cut­ed in 2020 and the first in Georgia. Lance denied hav­ing com­mit­ted the mur­ders and had unsuc­cess­ful­ly sought DNA test­ing to prove his inno­cence. His chil­dren expressed doubt that he had killed their moth­er, sup­port­ed his request for DNA test­ing, and had asked the Georgia Board of Pardons and Paroles to grant clemen­cy. With three jus­tices dis­sent­ing, the U.S. Supreme Court declined to hear his claim that his tri­al lawyer failed to inves­ti­gate and present mit­i­gat­ing evi­dence that he had sus­tained brain dam­age from repeat­ed head trau­ma. Shortly before his exe­cu­tion, the courts also refused to review evi­dence recent­ly uncov­ered by Lance’s lawyers that pros­e­cu­tors had ille­gal­ly stacked the grand jury that had indict­ed him, select­ing friends and allies, rather than ran­dom­ly empan­el­ing mem­bers as required by law.