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Entries tagged with “Law of Parties”

Policy Issues

Innocence

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Feb 01, 2019

42 Years After Death Sentence, Federal Appeals Court Says Charles Ray Finch ​‘Actually Innocent’

A fed­er­al appeals court has found 80-year-old Charles Ray Finch (pic­tured) ​“actu­al­ly inno­cent” of the mur­der for which he was con­vict­ed and sen­tenced to death in North Carolina 42 years ago. The pro­nounce­ment came in a unan­i­mous rul­ing issued by a three-judge pan­el of the U.S. Court of Appeals for the Fourth Circuit on January 25, 2019. In that deci­sion, Chief Judge Roger L. Gregory wrote that ​“Finch has over­come the exact­ing stan­dard for actu­al innocence…

Policy Issues

Arbitrariness

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Jul 26, 2019

ACLU Article Explores the Use of the Death Penalty Against Those Who Have Not Killed

The U.S. Supreme Court has said the death penal­ty must be reserved for the worst of the worst mur­ders and be imposed only on the worst of the worst offend­ers. But what of an accom­plice to a felony in which some­one was killed but the accom­plice nei­ther com­mit­ted the killing nor intend­ed that a killing would take place? Those co-defen­dants are not even the worst of the worst par­tic­i­pants in the offense for which they are charged. Yet, as the American Civil Liberties Union…

Policy Issues

Innocence

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Representation

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Upcoming Executions

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Jun 05, 2020

As Federal Litigation Continues, Ruben Gutierrez Seeks Stay of Execution, Citing Concerns About Pandemic

Texas death-row pris­on­er Ruben Gutierrez (pic­tured) has asked the Texas state courts to stay his exe­cu­tion because of the COVID-19 pan­dem­ic as fed­er­al lit­i­ga­tion con­tin­ues on his efforts to obtain DNA test­ing and to require Texas to per­mit him to have a chap­lain present in the exe­cu­tion cham­ber if his execution…

Facts & Research

Religion

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Upcoming Executions

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Sep 09, 2019

Coalition of Jewish Organizations Seeks New Trial for Jewish Death-Row Prisoner in Texas Tried by Anti-Semitic Judge

A coali­tion of nation­al and local Jewish orga­ni­za­tions and lawyers have asked the Texas Court of Criminal Appeals to stop the sched­uled October 10, 2019 exe­cu­tion of a Jewish death-row pris­on­er to review his claim that the judge before whom he was tried was racist and anti-Semitic. Randy Halprin (pic­tured) was con­vict­ed and sen­tenced to death in a tri­al presided over by Dallas County Judge Vickers Cunningham, who referred to Halprin as a…

Policy Issues

Arbitrariness

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Clemency

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New Voices

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Aug 19, 2016

Diverse Range of Voices Call for Sparing Jeff Wood, Who Never Killed Anyone, from Execution in Texas

As his August 24 exe­cu­tion date approach­es, Jeffrey Wood​’s case has gar­nered mount­ing atten­tion from groups and indi­vid­u­als call­ing on the Texas Board of Pardons and Paroles and Gov. Greg Abbott to com­mute Wood’s sen­tence. These diverse voic­es include a con­ser­v­a­tive Texas state rep­re­sen­ta­tive, a group of evan­gel­i­cal lead­ers, and the edi­to­r­i­al boards of the New York Times, the Washington Post, and sev­er­al Texas news­pa­pers, among…

Policy Issues

Innocence

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Mental Illness

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Executions Overview

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Aug 30, 2019

DPIC Analysis: 13 Texas Death Warrants Raise Troubling Questions About U.S. Execution Practices

In a year in which few states have car­ried out any exe­cu­tions, the aggres­sive exe­cu­tion prac­tices of a sin­gle state — Texas — stand in sharp con­trast. The Lone Star State has sched­uled thir­teen exe­cu­tions for the last five months of 2019, more than the rest of the coun­try com­bined. And a DPIC review of the cir­cum­stances in which the war­rants were issued rais­es trou­bling ques­tions as to whether the state is exe­cut­ing the most moral­ly cul­pa­ble indi­vid­u­als for the worst of the worst crimes or…

Policy Issues

Arbitrariness

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Aug 20, 2007

EDITORIAL: Paper Says Texas Man Sentenced Under ​“Law of Parties” Should Not Be Executed

The Fort Worth Star-Telegram is urg­ing the Texas Board of Pardons and Paroles and Texas Governor Rick Perry to spare the life of Kenneth Foster (pic­tured), whose exe­cu­tion is sched­uled for August 30. Foster was sen­tenced to death under the Texas Law of Parties that per­mits a per­son involved in a crime to be held account­able for the actions com­mit­ted by some­one else. In this case, Texas main­tains that Foster deserves the death penal­ty because he should have antic­i­pat­ed that a pas­sen­ger in his…

Policy Issues

Innocence

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Apr 05, 2021

Federal Court Approves DNA Testing for Man Who Was Spared Execution by Texas’s Refusal to Allow Religious Adviser in Execution Chamber

A fed­er­al dis­trict court has ruled that Texas uncon­sti­tu­tion­al­ly denied DNA test­ing to a death-row pris­on­er who is alive today only because of a last-minute stay of exe­cu­tion grant­ed because the state refused to allow his reli­gious advis­er to accom­pa­ny him in the exe­cu­tion cham­ber. In a 26-page rul­ing issued on March 23, 2021, Judge Hilda Tagle of the U.S. District Court for the Southern District of Texas paved the way for Ruben Gutierrez (pic­tured) to obtain DNA test­ing that…

Policy Issues

Mental Illness

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Crimes Punishable by Death

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Aug 22, 2008

Federal Judge Sharply Criticizes Texas System in Ordering Stay of Execution

Jeff Wood’s exe­cu­tion was stayed with only hours remain­ing by U.S. District Court Judge Orlando Garcia of San Antonio. The judge chas­tised the Texas courts for their refusal last week to hire men­tal health experts to deter­mine whether Wood (pic­tured) was insane or appoint a lawyer to rep­re­sent him for a com­pe­ten­cy hear­ing. The state courts had ruled that Wood had to show he was insane before they would appoint a lawyer and a psy­chol­o­gist to help prove he was insane. Judge Garcia’s opinion…

Policy Issues

Arbitrariness

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Crimes Punishable by Death

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Feb 15, 2019

He’s on California’s Death Row, But Demetrius Howard Never Killed Anyone

A February 4, 2019 arti­cle in the crim­i­nal jus­tice newslet­ter, The Appeal, fea­tures the case of Demetrius Howard, a California pris­on­er sen­tenced to death for a crime in which he didn’t kill any­one. Howard was sen­tenced to death in 1995 for his par­tic­i­pa­tion in a rob­bery in which anoth­er man, Mitchell Funches, shot and killed Sherry Collins. Howard was nev­er accused of fir­ing a shot and he has con­sis­tent­ly main­tained that he nei­ther expect­ed nor…

Facts & Research

Crimes Punishable by Death

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Sep 14, 2016

Jeffrey Wood and the Texas Law of Parties

Today, DPIC launch­es a new pod­cast series, ​“Discussions With DPIC,” which will fea­ture month­ly, unscript­ed con­ver­sa­tions with death penal­ty experts on a wide vari­ety of top­ics. The inau­gur­al episode fea­tures a con­ver­sa­tion between Texas Defender Services staff attor­ney Kate Black and DPIC host Anne Holsinger, who dis­cuss the case of Jeffrey Wood and Texas’ unusu­al legal doc­trine known as the ​“law of par­ties.” Wood’s case gar­nered nation­al media atten­tion because he was sen­tenced to death…

Facts & Research

Crimes Punishable by Death

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United States Supreme Court

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Nov 10, 2011

LAW REVIEWS: ​“Executing Those Who Do Not Kill”

A new arti­cle to be pub­lished in the American Criminal Law Review explores the con­sti­tu­tion­al­i­ty of the death penal­ty for those con­vict­ed of felony mur­der, i.e., those who par­tic­i­pat­ed in a seri­ous crime in which a death occurred, but were not direct­ly respon­si­ble for the death. The arti­cle is by Joseph Trigilio and Tracy Casadio, both Deputy Federal Public Defenders in California and is titled ​“Executing Those Who Do Not Kill.” The authors argue that the U.S.

Policy Issues

Arbitrariness

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Crimes Punishable by Death

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Sep 14, 2016

New Podcast: Jeffery Wood and the Texas Law of Parties, With Expert Guest Kate Black

Today, DPIC launch­es a new pod­cast series, ​“Discussions With DPIC,” which will fea­ture month­ly, unscript­ed con­ver­sa­tions with death penal­ty experts on a wide vari­ety of top­ics. The inau­gur­al episode fea­tures a con­ver­sa­tion between Texas Defender Services staff attor­ney Kate Black (pic­tured) and DPIC host Anne Holsinger, who dis­cuss the case of Jeffery Wood and Texas’ unusu­al legal doc­trine known as the ​“law of…

Aug 19, 2008

NEW RESOURCES: Live Radio Show Covers Issues in Texas Executions

A new radio pro­gram, Execution Watch, is pro­vid­ing live cov­er­age and com­men­tary on days that Texas exe­cutes a death row inmate. Each show will air live start­ing at 6 pm Central Daylight Time at http://​www​.kpft​.org or http://​exe​cu​tion​watch​.org with a wide vari­ety of spe­cial guests and host Ray Hill. The pro­gram­ming is avail­able through the Internet. On its upcom­ing broad­cast, the show will cov­er issues relat­ed to the case of Jeffrey Wood, who is sched­uled to be exe­cut­ed on Aug.

Policy Issues

Arbitrariness

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Innocence

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May 13, 2020

Texas Appeals Court Declines to Apply Junk-Science Law to Review Death Sentence Based Upon Hypnotically Assisted Identification Testimony

The Texas Court of Criminal Appeals (TCCA) has upheld the rul­ing of a Dallas tri­al court that denied a new tri­al to death-row pris­on­er Charles Flores (pic­tured), whose con­vic­tion and death sen­tence were the prod­uct of hyp­not­i­cal­ly assist­ed tes­ti­mo­ny. The TCCA said its deci­sion was “[b]ased upon the tri­al court’s find­ings and con­clu­sions,” which the appeals court acknowl­edged had sim­ply ​“adopt­ed the State’s pro­posed find­ings of fact and con­clu­sions of…

Policy Issues

Arbitrariness

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Dec 04, 2018

Texas Case Raises Questions of Fairness of Executing Accomplices

Texas plans to exe­cute Joseph Garcia on December 4, 2018, for the mur­der of a police offi­cer dur­ing a rob­bery in which Garcia nei­ther killed any­one nor intend­ed or expect­ed that a killing would take place. His case renews ques­tions about a Texas law called the ​“law of par­ties” that allows defen­dants to be sen­tenced to death based upon the actions and intent of oth­ers, if the defen­dant played even a small role in a crime that result­ed in someone’s…

Policy Issues

Arbitrariness

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Clemency

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Dec 08, 2017

Texas District Attorney Asks State to Spare Life of Man She Prosecuted Under Controversial ​“Law of Parties”

The Texas pros­e­cu­tor who sought and obtained the death penal­ty almost 20 years ago against Jeffery Wood (pic­tured), a man who nev­er killed any­one, has now asked that his sen­tence be reduced to life in prison. In a let­ter to the Texas Board of Pardons and Parole, sent in August and obtained December 7 by the Texas Tribune, Kerr County District Attorney Lucy Wilke asked the board to rec­om­mend that Governor Greg Abbott grant Wood…

Policy Issues

Arbitrariness

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Clemency

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Aug 30, 2007

Texas Governor Grants Rare Death Penalty Commutation

Just hours before tonight’s (August 30) sched­uled exe­cu­tion of Kenneth Foster, Governor Rick Perry (pic­tured) has accept­ed a Texas Board of Pardons and Paroles rec­om­men­da­tion to stop Foster’s exe­cu­tion and com­mute his sen­tence to life. Perry was not oblig­at­ed to accept the high­ly unusu­al 6 – 1 rec­om­men­da­tion from the board whose mem­bers he appoints. The com­mu­ta­tion is the first of its kind in his eight years in office. The board deci­sion was announced about sev­en hours before Foster was…

Facts & Research

Crimes Punishable by Death

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Recent Legislative Activity

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May 07, 2021

Texas House of Representatives Passes Bill to Limit Death-Penalty Eligibility for Defendants Who Do Not Kill

In an over­whelm­ing bipar­ti­san vote, the Texas House of Representatives has passed a bill that ends death-penal­ty lia­bil­i­ty under the state’s con­tro­ver­sial ​“law of par­ties” for felony accom­plices who nei­ther kill nor intend­ed that a killing take place and were minor par­tic­i­pants in the con­duct that led to the death of the vic­tim. Currently, Texas law makes any par­tic­i­pant in a felony crim­i­nal­ly liable for the acts of every­one else involved in the crime, irre­spec­tive of how…

Facts & Research

Religion

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Nov 11, 2019

Texas Prisoner Receives Second Stay of Execution Over Religious Discrimination Issue

A fed­er­al dis­trict court has grant­ed a stay of exe­cu­tion to a Buddhist death-row pris­on­er in Texas over alle­ga­tions that the state is dis­crim­i­na­to­ri­ly deny­ing him access to reli­gious ser­vices that would be avail­able to Christian pris­on­ers on the day of their exe­cu­tion. On November 7, 2019, the United States District Court for the Southern District of Texas stayed the November 13 exe­cu­tion of Patrick Murphy (pic­tured), mark­ing the sec­ond time in 2019 that his…

Policy Issues

Arbitrariness

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Intellectual Disability

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Executions Overview

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Jan 11, 2019

Texas Prisoner Seeks Stay of Execution on Claims of Junk Science, Arbitrary Sentencing

[UPDATE: The Texas Court of Criminal Appeals issued a stay of exe­cu­tion to Blaine Milam on January 14, 2019] As Texas pre­pares to exe­cute Blaine Milam (pic­tured) on January 15, 2019, Milam’s lawyers say his con­vic­tion and sen­tence rest on dis­cred­it­ed bite-mark tes­ti­mo­ny and have asked for the exe­cu­tion to be…

Policy Issues

Arbitrariness

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Aug 04, 2016

Texas Prisoner Who Did Not Kill Anyone Challenges Execution, Use of False Psychiatrist Testimony to Condemn Him to Die

Lawyers for Jeffery Wood (pic­tured), a Texas death row pris­on­er who is sched­uled to be exe­cut­ed August 24 despite undis­put­ed evi­dence that he has nev­er killed any­one, have filed a new peti­tion in state court chal­leng­ing his death sen­tence on mul­ti­ple grounds. They argue that Wood can­not be sub­ject to the death penal­ty because he nei­ther killed nor intend­ed for any­one to be killed and was not even aware the rob­bery in which a code­fen­dant killed a store clerk…

Policy Issues

Arbitrariness

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Race

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Jul 09, 2019

Texas Sets Execution Date For Jewish Prisoner Who Alleges Judge Was Racist and Anti-Semitic

A Texas coun­ty court has set an exe­cu­tion date for a Jewish death-row pris­on­er despite his pend­ing fed­er­al appeal alleg­ing that the judge who presided over his tri­al and sen­tenc­ing should have been removed from the case because of his big­ot­ed racist and anti-Semitic views. On July 3, 2019, Dallas County Judge Lela Mays set an October 10 exe­cu­tion date for Randy Halprin, while he is active­ly lit­i­gat­ing a claim that for­mer Judge Vickers Cunningham repeat­ed­ly referred to Halprin…

Facts & Research

Religion

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United States Supreme Court

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Apr 10, 2020

U.S. Supreme Court Declines to Review Texas Judicial Bigotry Case

The U.S. Supreme Court has declined to review the case of Jewish death-row pris­on­er Randy Halprin (pic­tured), who was tried and sen­tenced to death in Texas before a judge who made anti-Semitic and racist com­ments about Halprin and his co-defen­dants. The April 6, 2020 deci­sion marked the sec­ond time in less than two months that the Court has declined to review a con­tro­ver­sial Texas death-penal­ty case in the wake of stays of exe­cu­tion that left…

Policy Issues

Arbitrariness

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Jul 31, 2007

Upcoming Execution Raises Questions of Whether Texas’ Law Goes Too Far

On August 30, Texas has sched­uled the exe­cu­tion of Kenneth Foster Jr. (pic­tured), despite the fact that all par­ties agree that Foster did not per­son­al­ly kill any­one. Foster was sen­tenced to death under the Texas Law of Parties that per­mits a per­son involved in a crime to be held account­able for the actions com­mit­ted by some­one else. In this case, Texas main­tains that Foster deserves the death penal­ty because he ​“should have antic­i­pat­ed” that a pas­sen­ger in his vehi­cle would exit the car with…

Policy Issues

Arbitrariness

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Aug 14, 2008

Upcoming Texas Execution Raises Concerns about Death Penalty for Accomplices

Jeffrey Wood is sched­uled for exe­cu­tion on August 21 for a mur­der com­mit­ted by anoth­er man dur­ing a botched rob­bery at a gas sta­tion. Wood did not fire the gun that killed the vic­tim and was not inside the sta­tion when anoth­er man, Danny Reneau, com­mit­ted the mur­der. At Reneau’s tri­al, the pros­e­cu­tion had argued that Reneau was the per­son chiefly respon­si­ble for the crime and that Wood’s role was sec­ondary. The pros­e­cu­tion in Wood’s case changed their the­o­ry and argued that he was…