Entries tagged with “Elena Kagan”
Facts & Research
United States Supreme Court
,Apr 24, 2024
Supreme Court Roundup: Justices Hear Oral Arguments on Ineffective Assistance of Counsel, Cruel and Unusual Punishment; Defend Positions on Stays
On April 17, the Supreme Court heard oral arguments in Thornell v. Jones, a case implicating the test for ineffective assistance of counsel — and the first and only oral argument in a death penalty case scheduled this term. Arizona appealed the Ninth Circuit’s decision vacating the death sentence of Danny Lee Jones, which found that Mr. Jones was prejudiced by his attorney’s failure to present key mitigating evidence as to Mr. Jones’ brain damage, childhood physical and sexual abuse, and…
Executions
Methods of Execution
,Jan 26, 2024
“The World is Watching”: Witnesses Report Kenneth Smith Appeared Conscious, “Shook and Writhed” During First-Ever Nitrogen Hypoxia Execution
On January 25, 2024, Alabama executed Kenneth Smith using nitrogen hypoxia, a first in American history. Though state attorneys had assured courts that the method would cause “unconsciousness in seconds,” witnesses reported that Mr. Smith appeared awake for several minutes after the nitrogen gas began. They observed that he “shook and writhed” for at least four minutes before breathing heavily for another few minutes. “This was the fifth execution that I’ve witnessed in Alabama, and I have…