Publications & Testimony

No jury has ever learned about Aaron Gunches’ life his­to­ry and expe­ri­ences, noth­ing about his child­hood, men­tal and phys­i­cal health, or trau­ma — the mit­i­ga­tion evi­dence that the Supreme Court has said is essen­tial to a con­sti­tu­tion­al death sen­tence. Arizona courts judged Mr. Gunches com­pe­tent to rep­re­sent him­self in two sep­a­rate tri­als for the mur­der of his ex-girlfriend’s hus­band, and he pre­sent­ed no defense in either pro­ceed­ing. Jurors twice sentenced him…

On December 30, 2024, a mil­i­tary appeals court upheld a low­er court rul­ing reject­ing Defense Secretary Lloyd Austin’s attempt to throw out plea deals reached for three men charged in the September 11 ter­ror­ism attacks. The court affirmed Judge Colonel Matthew N. McCall’s rul­ing in November 2024 that the plea agree­ments reached in July 2024 are valid. Col. McCall stat­ed at the time that he would pro­ceed with the…

On December 27, 2024, the Tennessee Department of Correction (TDOC) com­plet­ed a mul­ti-year lethal injec­tion pro­to­col review and announced that instead of the pre­vi­ous three-drug cock­tail, lethal injec­tion exe­cu­tions will use a sin­­gle-drug bar­bi­t­u­ate, pen­to­bar­bi­tal. Ohio was the first state to use pen­to­bar­bi­tal, in the March 2011 exe­cu­tion of Johnnie Roy Baston. State offi­cials now use sin­gle drug pro­to­cols in 14 states, includ­ing Tennessee, as well as in…

Governor…

On December 17, 2024, a bipar­ti­san group of Texas leg­is­la­tors in the House Committee on Criminal Jurisprudence issued a new sub­poe­na for death-sen­­tenced Robert Roberson to tes­ti­fy in per­son on December 20 about the state’s junk sci­ence law, under which he failed to receive relief. Gretchen Sween, attor­ney for Mr. Roberson, said that he was​“eager to tes­ti­fy and grate­ful for the chance to be heard.” But just two days after the issuance of the sub­poe­na, and a day ahead of Mr.

On December 13, 2024, the United States Court of Appeals for the Fourth Circuit affirmed the August, 2024 dis­missal of a law­suit that sought to chal­lenge, on First Amendment grounds, a South Carolina Department of Corrections’ (SCDC) pol­i­cy that pro­hibits the pub­li­ca­tion of inter­views between pris­on­ers and the media or mem­bers of the pub­lic. In its deci­sion, the Fourth Circuit cit­ed to Houchins v. KQED, a 1978 Supreme Court rul­ing which held that the U.S. Constitution does…

If Joseph Corcoran had been sen­tenced to death just a few miles to the east, across the bor­der in Ohio instead of in Fort Wayne, Indiana, it’s like­ly that a court would have barred his exe­cu­tion. Ohio law pre­vents a per­son with a seri­ous men­tal ill­ness (SMI) at the time of their crime, defined as schiz­o­phre­nia, schizoaf­fec­tive dis­or­der, bipo­lar dis­or­der, or delu­sion­al dis­or­der, from being put to death. Mr. Corcoran, who has a long his­to­ry of paranoid…

On December 12, 2024, the Florida Supreme Court heard oral argu­ments in the case of Michael James Jackson, who is chal­leng­ing the con­sti­tu­tion­al­i­ty of Florida’s 2023 law that allows for non-unan­i­­mous jury death sen­tences. Mr. Jackson is rep­re­sent­ed by the ACLU, who argued that the Florida law is uncon­sti­tu­tion­al under the Supreme Court’s 2020 rul­ing in Ramos v. Louisiana, which struck down non-unan­i­­mous crim­i­nal con­vic­tions. According to the ACLU’s brief,…