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Univ. of San Diego School of Law

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Thursday, June 12, 2008

Killer put to death in Texas' 1st execution in 9 months

311xinlinegallery A remorseful convicted killer was executed Wednesday night for the rape and slaying of a woman in Dallas 17 years ago, the first Texas prisoner in nearly nine months put to death in the nation's most active capital punishment state. Karl Eugene Chamberlain, with a big smile on his face, addressed relatives of his victim, staring directly at the son, parents and brother of Felecia Prechtl as they stood just a few feet away, looking through a glass window.

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June 12, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Wednesday, June 11, 2008

Ohio lethal injection executions unconstitutional, Lorain County Common Pleas Judge James Burge rules

Ohio's lethal injection process is unconstitutional because it could cause pain and the state mandates that an inmate's death be painless, Lorain County Common Pleas Judge James Burge ruled Tuesday. He ordered the Ohio Department of Rehabilitation and Correction to stop using the drugs that paralyze muscles and stop the heart and simply administer a lethal dose of an anesthetic.

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June 11, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Ohio Court Rules Lethal Injection Protocol Violates State Statute

From nytimes.com:  "Ohio must stop using a common combination of three chemicals to execute condemned inmates because they may produce excruciating pain, a state court judge there ruled Tuesday.

"Then, in what legal experts said was a first, the judge instead ordered the state to start using a single large dose of barbiturate, common in animal euthanasia."  Read the rest of the article here.  [Mike Mannheimer]

June 11, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 3, 2008

Death Penalty Under Review

Npr_logo_2 The United States is fifth in the world when it comes to executing inmates — slightly above Iraq and right below Pakistan. Since the death penalty was reinstated in the mid 1970s, all death row inmates have been put to death for killing another person. But now, a surprising array of crimes can land you on death row.

For a broader look at capital punishment, Farai Chideya speaks with Richard Dieter, executive director of the Death Penalty Information Center.

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June 3, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Does Child Rape Warrant the Death Penalty?

Npr_logo Patrick Kennedy is on death row at Louisiana's Angola Prison, awaiting capital punishment for brutally raping his 8-year-old step daughter. But does executing someone for child rape violate the 8th Amendment, which bars cruel and unusual punishment?

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June 3, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Saturday, May 24, 2008

Some Thoughts on Baze v. Rees

I know it's been a few weeks since Baze v. Rees, but I thought I would post some overdue comments regarding my impressions of the case -- overdue because of a horrendously busy April, some emergency home repairs, a dying (now dead) home computer, and the persistent responsibility of caring for a two-year old.  But enough about me . . . .

I must admit to the guilty pleasure of typically turning to the separate opinion by Justices Scalia or Thomas (or, in this case, both) when a case like Baze comes out.  In Baze, I was most intrigued by Justice Thomas' concurrence in the judgment, joined by Justice Scalia, arguing that "a method of execution violates the Eighth Amendment only if it is deliberately designed to inflict pain."  I think this conclusion is deeply flawed.

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May 24, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Friday, May 23, 2008

Georgia Man's Death Sentence Commuted Hours Before Scheduled Execution

From The Atlanta Journal-Constitution online:  "In just the third time out of 24 requests since 1995, the Georgia Pardons and Parole Board on Thursday commuted a death sentence, just hours before the convicted killer was to be executed by lethal injection.

"The five-member board commuted admitted murderer Samuel David Crowe's death sentence to life without parole less than 2 1/2 hours before he was scheduled to die Thursday evening for a crime 20 years ago."  Read the rest of the article here.  [Mike Mannheimer]

May 23, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, May 19, 2008

Study Examines Death Penalty and Race

Adam Liptak in the New York Times examines the results of a new study on the death penalty and crime. There are two key findings.The first one is not a surprise: The death penalty is imposed more often when the victim is white.The second is potentially ground-breaking.

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May 19, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Why Not One Drug for Lethal Injections?

The New York Times reports that states are rescheduling executions now that the Supreme Court has ruled in Baze v. Rees that the three drug cocktail used by states does not violate the 8th Amendment's prohibition against cruel and unusual punishment.

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May 19, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, April 28, 2008

Amnesty International Reports Worldwide Drop in Executions Last Year

Story here.  [Mark Godsey]

April 28, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, April 21, 2008

The Scalia vs. Stevens Opinion Concerning the Death Penalty

From npr.com: U.S. Supreme Court Justices John Paul Stevens and Antonin Scalia both voted last week that lethal injections in death penalty cases are constitutional. But that was where the agreements ended. In Stevens' opinion, he reversed the stance he held in the 1970s. Scalia criticized Stevens' reversal.

Stevens, who has served on the court for 33 years and turns 88 today, said that after seeing thousands of death penalty cases and systems over the years, he has now concluded that the death penalty is unconstitutional. But, he added, he is bound by the court's precedents upholding the capital punishment, and will adhere to them, including in the lethal injection case.

Ironically, Stevens was partly responsible for one of those key precedents. In 1976 he wrote part of the opinion ending a moratorium on the death penalty and allowing it to be used again, if special procedures were used to ensure that only criminals guilty of the most heinous crimes were executed.

In his recent last analysis, Stevens, I have relied on my own experience in reaching the conclusion that the imposition of the death penalty represents the pointless and needless extinction of life with only marginal contributions to any discernible social or public purpose. A penalty with such negligible returns to the state is patently excessive and violates the Constitution's ban on cruel and unusual punishment.

Justice Scalia responded with a rhetorical skewer. Hardest to take, he said , is Justice Stevens' "bemoaning of the enormous costs of the death penalty," since as Scalia put it, those costs are largely the creation of Justice Stevens and other justices who have encumbered capital punishment with unwarranted restrictions found nowhere in the Constitution.

And as to Stevens' new conclusion about the death penalty based on more than three decades of experience, Scalia had this to say: "Purer expression cannot be found of the principle of rule by judicial fiat. In the face of Justice Stevens experience, the experience of all others, in state legislature or Congress, is, it appears of little consequence." Listen. . . [Mark Godsey]

April 21, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Thursday, April 10, 2008

Nebraska Supreme Court Refuses to Reconsider Electrocution as Cruel and Unusual

From journalstar.com: The Nebraska Supreme Court on Wednesday refused to reconsider its decision that electrocution is unconstitutional.

The decision was handed down by the court in response to Attorney General Jon Bruning’s request for another hearing in the case. The court did not explain its decision.

It didn’t come as a surprise — Bruning had said he didn’t expect judges who made the landmark decision to change their minds.

“Nebraskans overwhelmingly support the death penalty. We’ll do everything possible to ensure the sentences of the state’s worst murderers are carried out,” he said Wednesday.

His office plans to appeal to the U.S. Supreme Court. Rest of Article. . . [Mark Godsey]

April 10, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, March 24, 2008

Missouri Governor Writes a Brief Supporting the Death Penalty for Child Rapists

From kansascity.com: Missouri Gov. Matt Blunt has filed a brief with the U.S. Supreme Court supporting the death penalty for child rapists.

The “friends of the court” brief supports the state of Louisiana, which is defending a law authorizing the death penalty for offenders who rape children younger than 12.

Blunt proposed a similar law for Missouri in December and encouraged lawmakers in his State of the State address in January to pass such legislation.

State lawmakers have introduced bills in the Senate and the House this year that would allow the death penalty in forcible rape and forcible sodomy cases involving children. Neither bill has made much progress.

Opponents have said such legislation could do more harm than good by encouraging rapists to kill their victims, since the penalties would be the same.

Blunt argues in the brief, filed Thursday, that the court “should not foreclose a national debate on appropriate punishment for child rape,” and that discussion at the state level is the best way to determine a national consensus. Rest of Article. . .[Mark Godsey]

March 24, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

SCOTUS Reversed Death Penalty in Case Work on by Pierce Law Students

Franklin Pierce Law Center's Frederick Millett, a third-year student from Grand Haven, MI, is celebrating this week after learning that the death penalty case he worked on as an extern this past fall at the Southern Center for Human Rights in Atlanta, GA was reversed by the United States Supreme Court. On Wednesday, March 19, the Court issued an opinion, authored by Alito, reversing, the conviction in the case of Snyder v. Louisiana. Millett worked with Attorney Stephen Bright, president and founder of the SCHR, to prepare the reply brief.

According to Millett, “In 1996, as in 1939, Allen Snyder, an African-American, was convicted by an all-white jury and sentenced to death, this time in Jefferson Parish, LA.  The prosecutor in his case struck all five potential black jurors using nearly half of his peremptory challenges to get an all-white jury. 

The prosecutor then, both in the media and to the jury during the sentencing phase, compared Snyder's case to the O.J. Simpson case, decided just a year earlier, and urged the all-white jury to not let Snyder ‘get away with it’ like O.J. did.  The jury sentenced Snyder to death and his conviction was upheld twice by the Louisiana Supreme Court.  Snyder appealed to the United States Supreme Court, arguing that since the prosecutor peremptorily struck African-American jurors because of their race, his conviction and death sentence were unconstitutional based on the equal protection clause of the Fourteenth Amendment.  For this reason, the Supreme Court of the United States agreed to hear the case and granted certiorari.”

March 24, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, February 18, 2008

Cali Death Penalty Panel to Discuss Reasons for Reversals

From mercurynews.com: The California Supreme Court last year overturned convicted killer James Hardy's 1984 death sentence because a defense lawyer's "meager" effort representing him undermined the chance of a fair trial. And just a few weeks ago, a federal appeals court gave a reprieve to Earl Lloyd Jackson, one of the state's longest-serving death row inmates, because of a prosecutor's blunders during his 1979 trial.

The appellate rulings provide an all-too-common snapshot of California's death penalty system. Shoddy representation and prosecutorial miscues are two of the most common reasons that death row inmates have had a better chance of getting their death sentences reversed than of being executed.

A state commission examining California's death penalty system on Wednesday will focus on those issues in the second round of hearings on the subject. The California Commission on the Fair Administration of Justice will hear from more than a dozen witnesses at the hearings, which are being held in Los Angeles.

The commission hearing last month focused on broad concerns about the state's death penalty, particularly the prolonged delays in state and federal appeals.

This week's hearing will zero in on problems with capital trials, which have left more than 660 inmates on the state's death row. Rest of Article. . . [Mark Godsey]

February 18, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Monday, February 11, 2008

Nebraska Supreme Court Declares Death by Electrocution Unconstitutional

From nytimes.com:  The electric chair is cruel and unusual punishment, the Nebraska Supreme Court ruled Friday, effectively suspending executions in the only state that made sole use of the practice, once the dominant form of execution in the United States.  The court, in a 6-to-1 decision, ruled that electrocution, the only method of execution used in the state, violates the state constitution. “The evidence shows that electrocution inflicts intense pain and agonizing suffering,” Justice William Connolly wrote for the majority.  Rest of Article [Mike Mannheimer]

February 11, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 30, 2008

11th Circuit Lifts Stay of Execution

From ap.com: A federal appeals court has lifted a stay of execution for James Harvey Callahan, who is scheduled to be executed Thursday, but it could be delayed again by the U.S. Supreme Court.

The Supreme Court on Jan. 7 heard oral arguments in a Kentucky challenge to lethal injection, a case that has delayed executions nationwide. A ruling is unlikely before spring. Alabama uses lethal injection in its executions.

In a 2-1 decision, the Atlanta-based 11th U.S. Circuit Court of Appeals on Tuesday lifted the stay granted by U.S. District Judge Keith Watkins in Montgomery on Dec. 14.

The court said Callahan waited too late to challenge the method of execution.

Callahan, who is now scheduled to die at 6 p.m. Thursday at Holman prison near Atmore, was sentenced to death for the kidnapping, rape and murder of Jacksonville State University student Rebecca Suzanne Howell on Feb. 4, 1982.

Authorities said she was abducted from a coin laundry in Jacksonville and raped before being strangled and dumped in Tallasseehatchee Creek.

In lifting the stay, the 11th Circuit ruling said it did not make any finding on "the relative merits of Callahan's constitutional claim because we conclude the claim is barred by the statue of limitations."

Judges Gerald Tjoflat and Susan Black, forming the majority, said the two-year time deadline began on July 31, 2002, when Callahan selected lethal injection as the method by which he would be put to death. They said he waited more than two years after the deadline expired to challenge lethal injection.

January 30, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 2, 2008

Questioning Jury about Opposing the Death Peanlty is not Required on Constitutional Grounds

From ap.org: A judge's failure to question jurors who indicated they opposed the death penalty is not reason enough to overturn the convictions of two men in the killing of a police informant, a federal appeals court says.

The 2nd U.S. Circuit Court of Appeals encouraged judges to question potential jurors orally about their opposition to the death penalty, but it said such questioning is not required on constitutional grounds.

The U.S. Supreme Court has held that prospective jurors may be excluded from jury service in capital cases if they indicate that they will automatically vote for or against the death penalty in every case.

In a decision dated Friday, the three-judge appeals panel from the 2nd Circuit upheld the convictions of Alan Quinones and Diego Rodriguez, rejecting defense arguments that their convictions should be reversed because the trial judge did not orally question jurors who indicated on questionnaires that they were opposed to the death penalty.

The men were convicted in 2004 of racketeering, drug trafficking and the 1999 murder of Eddie Santiago, an informant for the New York Police Department. During the penalty phase, jurors unanimously decided not to impose death.

The appeals panel noted that other trial judges in Manhattan have routinely questioned jurors who wrote in questionnaires that they oppose the death penalty.

"The practice is commendable," the panel said. "The bluntness or hesitancy, confidence or discomfort, displayed by prospective jurors as they respond to questions about the possibility of returning a capital verdict often reveals as much about bias as the actual answers given." Rest of Article. . . [Mark Godsey]

January 2, 2008 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Wednesday, December 26, 2007

Lethal Injection Resource Kit Provided by U.C. Berkeley Death Penalty Clinic

Lethalinjection.org is a project of the Death Penalty Clinic at U.C. Berkeley School of Law. The mission of lethalinjection.org is to create a web-based clearinghouse for information about lethal injection and challenges to lethal injection as a method of execution. The members of the Death Penalty Clinic continually working on the development of this website. They frequently post new features, updated design, and up-to-date information about lethal injection challenges, including the Baze v. Rees case  currently pending in the United States Supreme Court. Check it out. . .[Mark Godsey]

December 26, 2007 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)

Sunday, December 2, 2007

Spotlight on a Texas Capital Crimes Defense Attorney

From observer.guardian.co.uk: The Observer recently published an article showcasing the life of a death penalty defense attorney in Texas.  Here is an excerpt:

Texas sentences more people to death than any other state in America, and the emotional toll on its defence lawyers is so great that many only ever work on a handful of cases. Not so Jerry Guerinot. He's defended 39 men and women. The bad news: 20 have been sentenced to death.

A few miles west of downtown Houston, in his office on a scruffy industrial estate, Jerry Guerinot, probably America's most dangerous defence lawyer, reflects on his career. For a conscientious attorney, death penalty murder trials create 'absolutely the most pressure you can have', he says emphatically. 'You never want anybody to be sentenced to death on your watch. I'm never happy to see anybody get sentenced to death. I don't think anybody could ever be happy.'

Guerinot, a big man with a booming voice and thinning, silvery hair, says that at the age of 62 he's finally had enough of the legal death business in which he's toiled for more than 25 years. '[If] the state tries you for the death penalty in Harris County [the jurisdiction in which Houston sits], the chances of you getting it are huge. And the chances of you having it carried out against you are even bigger.' Guerinot is right - as of July this year, 98 Harris County men and two women have been dispatched since the US Supreme Court restored the death penalty in 1976. Houston has 1.3 per cent of America's population but carries out 10 per cent of its executions.

But however great the trauma of losing a client, Guerinot, who earlier acted as a prosecutor in six cases in which the defendant received the death penalty, says he can't recall how many of those he defended have been sentenced to die in Texas's well-used lethal injection chambers: 'I want to say maybe 10 to 15, somewhere in there.' But he cannot, he admits, remember them all: 'There's just so many.'

According to Guerinot, 'significantly more did not get death than got death'. In fact, no fewer than 20 of the men and women Guerinot has represented since he turned to defence work have been sentenced to death. Two had their sentences commuted when the Supreme Court ruled in 2005 against capital punishment for juveniles, because they were under 18 when they committed their crimes. Thirteen are still on death row. Five have already been executed, the most recent last year. Rest of Article. . .

[Mark Godsey]

 

December 2, 2007 in Capital Punishment | Permalink | Comments (0) | TrackBack (0)