Entries tagged with “Juan Lizcano

Policy Issues

Innocence

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Intellectual Disability

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Sep 21, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of September 142020

NEWS (9/​17/​20) — Florida: The Florida Supreme Court has denied post-con­vic­tion relief to Ken Lott, retroac­tive­ly apply­ing its new rule that a death sen­tence imposed under the state’s uncon­sti­tu­tion­al judi­cial fact-find­ing statute did not vio­late Lott’s right to a jury tri­al because the jury had unan­i­mous­ly found an aggra­vat­ing cir­cum­stance. The court held that Lott’s Sixth Amendment right to a jury tri­al in his cap­i­tal sen­tenc­ing pro­ceed­ing extend­ed only to the deter­mi­na­tion of whether the defen­dant was eli­gi­ble for the death penal­ty, not whether aggra­vat­ing cir­cum­stances out­weighed rea­sons to spare…

Policy Issues

Intellectual Disability

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Foreign Nationals

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Oct 02, 2020

Texas Court of Criminal Appeals Reverses Course, Takes A Second Foreign National with Intellectual Disability Off Death Row

For sec­ond time in eight days, the Texas Court of Criminal Appeals (TCCA) has reversed course after ini­tial­ly reject­ing a death-row prisoner’s claim of intel­lec­tu­al dis­abil­i­ty and has resen­tenced the pris­on­er to life. The deci­sions, both involv­ing for­eign nation­als and both sup­port­ed by local pros­e­cu­tors, marked the sixth and sev­enth time that Texas courts have vacat­ed death sen­tences imposed on intel­lec­tu­al­ly dis­abled cap­i­tal defen­dants since the U.S. Supreme Court in 2017 struck down the uncon­sti­tu­tion­al­ly restric­tive def­i­n­i­tion of intel­lec­tu­al dis­abil­i­ty the state had been using.