Death Penalty News and Developments for October 21 — October 272019

NEWS — October 25: At the United Nations in New York, Agnès Callamard, the UN Special Rapporteur on extra­ju­di­cial, sum­ma­ry or arbi­trary exe­cu­tions, called on the world body to adopt uni­ver­sal stan­dards for the pro­vi­sion of con­sular sup­port for impris­oned for­eign nation­als, par­tic­u­lar­ly those who face cap­i­tal charges. The U.S. Supreme Court has ruled that legal claims to enforce the pro­tec­tions guar­an­teed by the Vienna Convention on Consular Relations — the treaty that affords Americans charged with crim­i­nal offens­es over­seas the right to con­sular assis­tance — are sub­ject to state rules of pro­ce­dur­al default and that, with­out Congressional action imple­ment­ing the treaty, states are not oblig­at­ed to fol­low deci­sions by the International Court of Justice seek­ing to enforce those pro­tec­tions. As a result, for­eign nation­als whose rights have been vio­lat­ed by states in death penal­ty pro­ceed­ings have nev­er­the­less been exe­cut­ed with­out con­sid­er­a­tion of the impact of those human rights vio­la­tions on their cases.


NEWS — October 25: The U.S. Court of Appeals for the Eleventh Circuit has affirmed a Florida fed­er­al dis­trict court’s dis­missal of death-row pris­on­er Michael Kings habeas cor­pus chal­lenge to his con­vic­tion and sen­tence. The court denied King’s chal­lenges to coun­sel’s per­for­mance in fail­ing to inves­ti­gate and present evi­dence of trau­mat­ic brain injury and expo­sure to tox­ins that con­tributed to his bor­der­line intel­lec­tu­al func­tion­ing and to coun­sel’s fail­ure to pre­serve a chal­lenge to the pros­e­cu­tion’s strike of a female juror based on her gen­der. It also ruled that the state court’s ver­ba­tim adop­tion of por­tions of the pros­e­cu­tion’s post-con­vic­tion briefs did not vio­late due process.


NEWS — October 25: The Nebraska Supreme Court has upheld a tri­al court rul­ing deny­ing Raymond Matas post-con­vic­tion chal­lenge to his con­vic­tion and death sen­tence. The court reject­ed Mata’s claim that his con­sti­tu­tion­al rights were vio­lat­ed when he was required to wear shack­les in front of the jury dur­ing jury selec­tion and dis­missed as untime­ly his chal­lenge to Nebraska’s sys­tem of judicial sentencing.


NEWS — October 25: The Alabama Court of Criminal Appeals has upheld the con­vic­tion and death sen­tence imposed on Sherman Collins. The tri­al judge sen­tenced Collins to death after a non-unan­i­mous jury rec­om­mend­ed 10 – 2 that he receive the death penal­ty for an alleged con­tract killing at a west Alabama rap concert.


NEWS — October 24: The Indiana Supreme Court has denied William Clyde Gibson, IIIs post-con­vic­tion chal­lenge to his con­vic­tion and death sen­tence. Gibson was sen­tenced to death for the mur­ders of two women a month apart and the sex­u­al abuse of their corpses. 


NEWS — October 23: An Orlando, Florida jury unan­i­mous­ly reject­ed the death penal­ty and vot­ed to impose a life sen­tence on Markeith Loyd for the mur­der of his preg­nant ex-girl­friend. The case attract­ed nation­al atten­tion when then-Governor Rick Scott removed State Attorney Aramis Ayala and appoint­ed a spe­cial pros­e­cu­tor after Ayala announced that her office would not pur­sue the death penal­ty in any case. Loyd is also charged with killing a police offi­cer dur­ing law enforce­ment efforts to arrest him. The spe­cial pros­e­cu­tor elect­ed to try that case separately.