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- Supreme Court Reinstates Texas Death
Verdict
On February 22, the U.S. Supreme Court agreed
to hear, and then summarily reversed, a federal
appeals court decision that would have given
a Texas defendant a new trial based on improper
jury selection. The U.S. Court of Appeals
for the Fifth Circuit had ruled that Anthony
Haynes should be retried or released because
a prospective juror was improperly excluded
based on the juror's race. (3/1/10, DPIC Update)
- Supreme Court Upholds Death Sentence
Despite Unexplored Evidence of Mental Retardation
On January 20, the U.S. Supreme Court affirmed
the death sentence for Holly Wood for the
1993 shooting of his former girlfriend in
Alabama, despite the fact that the attorney
working on the penalty phase of the case
failed to investigate or tell the jury about
Wood's borderline mental retardation.
(1/25/10, DPIC Update)
- Supreme
Court Underscores the Need for "Dignity
and Respect" in Capital Cases--Reverses
Judgment
On January 19, the U.S. Supreme Court granted
certiorari and reversed the U.S. Court of
Appeals for the Eleventh Circuit in Wellons
v. Hall, ordering the lower court to re-examine
the appeal of Marcus Wellons, who received
the death penalty for a 1989 rape and murder
in Georgia. The Court's per curiam opinion
described "unusual events going on behind
the scenes" at Wellons' trial.
(1/25/10, DPIC Update)
- Justices
Reverse Smith v. Spisak
On January 12, the U.S. Supreme Court reversed
the U.S. Court of Appeals for the Sixth
Circuit in Smith v. Spisak. ... In reversing
this decision, the Supreme Court held that
there was no "reasonable probability
that, but for counsel's unprofessional
errors, the result of the proceeding would
have been different."
(1/18/10, DPIC Update)
- Troy Davis Case Raising Novel Legal Issues
Condemned inmate Troy Anthony Davis filed
the legal equivalent of a Hail Mary when
he petitioned the U.S. Supreme Court for
a hearing on his innocence claims.
But in August, for the first time in nearly half a century, the nation’s
highest court took a case filed directly to its docket that had not come up from
a lower court on appeal. Once again, Davis, who sits on death row for killing
an off-duty Savannah police officer in 1989, was spared execution. And since
the reprieve, Davis’ lawyers say a new witness has come forward on his
behalf.
(12/20/09, Atlanta Journal-Constitution)
- Press Wants Interviews on Death Row
More than 20 of the nation's leading news
organizations have signed on to a legal
brief that calls on the U.S. Supreme Court
to review a current federal ban on in-person
interviews with Death Row inmates, and
prohibitions against inmates telling the
press about their treatment, prison conditions
or actions of other inmates. The organizations
argue that these curbs violate the constitutional
right of free speech for prisoners. (12/12/09,
Chicago Sun-Times)
- Justices Say Capital Cases Must Weigh
War Trauma
A death penalty lawyer's failure to
present evidence of the trauma his client
suffered in combat in the Korean War requires
a new sentencing hearing, the Supreme Court
ruled unanimously on Monday. The decision
makes clear that lawyers for clients facing
the death penalty must present evidence of
post-traumatic stress disorder resulting
from military service if it is available.
The unsigned 15-page decision displayed unusual
solicitude for a death-row inmate, noting
that "our nation has a long tradition
of according leniency to veterans in recognition
of their service, especially for those who
fought on the front lines." (11/30/09,
New York Times)
- Subject of Famous Supreme Court Decision
Has Made a New Life
James Tyrone Woodson's death sentence was
overturned by the U.S. Supreme Court in 1976
because the jury had not been allowed to
consider any mitigating factors in his life
or about his peripheral role in the crime.
The Court not only rejected Woodson's death
sentence, but held that a mandatory death
penalty system was unconstitutional. ...
He eventually became eligible for parole
and was released in 1993. Since his release,
Woodson has led a crime-free life. He used
to be the kitchen manager at the Raleigh
Rescue Mission. He now has a job in Raleigh
and preaches at Wake Correctional Center.
(11/30/09, DPIC Update)
- Court Restores Death Sentence for Ohio
Inmate
On November 9, the U.S. Supreme Court granted
certiorari in the case of Bobby v. Van
Hook (No. 09–144) and issued a per
curiam opinion overturning a panel of the
U.S. Court of Appeals for the Sixth Circuit,
which had granted Robert Van Hook a new
sentencing hearing based on ineffectiveness
of counsel. (11/16/09, DPIC Update)
- Supreme
Court to Review Effect of "Gross
Negligence" by Death Penalty Attorney
On October 13, the U.S. Supreme Court agreed
to hear Holland v. Florida, a case raising
the question of "whether 'gross negligence'
by a state-appointed defense attorney in
a death penalty case provides a basis for
extending the time to file a federal habeas
challenge, in a case where the habeas plea
was filed late despite repeated instructions
from the client." (10/19/09, DPIC Update)
- Sotomayor Casts First Vote on Court
Justice Sonia Sotomayor cast her first
vote in a Supreme Court death penalty case
late Monday, dissenting from a decision
that allowed the execution of a death row
inmate to proceed. The inmate, Jason Getsy,
was executed Tuesday morning by lethal
injection in Lucasville, Ohio.
Justice Sotomayor, who joined the court
this month, dissented along with three
members of its liberal wing, Justices
John Paul Stevens, Ruth Bader Ginsburg
and Stephen G. Breyer. The court's
brief order offered no reasoning, and
the dissenters merely said they would
have granted Mr. Getsy's application
for a stay of execution.(8/18/09, The New
York Times)
- Justices Grant Troy Davis' Request
to Delay Execution
The Supreme Court has granted a condemned
Georgia inmate's request that his execution
be delayed as he attempts to prove his
innocence. The inmate, Troy Davis, has
gained international support for his long-standing
claim that he did not murder a Savannah
police officer nearly two decades ago.
Justice John Paul Stevens on Monday ordered
a federal judge to "receive testimony and make findings
of fact as to whether evidence that could
not have been obtained at trial clearly establishes
petitioner's innocence." (8/17/09,
CNN.com)
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