Death Penalty News and Developments for October 28 — November 32019

NEWS — October 31: The Georgia Supreme Court has over­turned the tri­al court’s grant of relief and rein­stat­ed the death sen­tences imposed on Nicholas Tate for the mur­ders of a woman and her three-year-old daugh­ter. The low­er court had ruled in 2012 that Tate had received inef­fec­tive rep­re­sen­ta­tion from his lawyer in the penal­ty phase of his trial.

NEWS — October 29: The U.S. Court of Appeals for the Fifth Circuit has upheld the death sen­tence imposed on Texas death-row pris­on­er Charles Thompson in his cap­i­tal resen­tenc­ing hear­ing. The Texas Court of Criminal Appeals had over­turned Thompson’s death sen­tence in 2001 because law enforce­ment had improp­er­ly sent an under­cov­er inves­ti­ga­tor to meet with Thompson in jail to extract infor­ma­tion from him about an alleged plot to mur­der a wit­ness after he had invoked his right coun­sel. The Fifth Circuit ruled that pros­e­cu­tors’ use of sim­i­lar tes­ti­mo­ny from a pris­on­er who had worked for law enforce­ment as a con­fi­den­tial infor­mant in over 50 cas­es” was not improp­er, say­ing that the infor­mant did not qual­i­fy as a government agent.

NEWS — October 28: The U.S. Court of Appeals for the Tenth Circuit has affirmed in part and reversed in part a deci­sion by an Oklahoma fed­er­al dis­trict court dis­miss­ing death-row pris­on­er Jimmy Dean Harriss habeas cor­pus chal­lenge to his con­vic­tion and death sen­tence. The dis­trict court had denied Harris an evi­den­tiary hear­ing on his claim that his lawyer had been inef­fec­tive for fail­ing to inves­ti­gate and present evi­dence of Harris’s Intellectual Disability. The appeals court reversed that part of the low­er court’s rul­ing and returned the case to the dis­trict court for an evi­den­tiary hear­ing on that issue.