Arbitrariness

INNOCENCE: Another Florida Inmate Added to Exoneration List

Carl Dausch, a former death row inmate in Florida, has been added to DPIC's list of exonerations from death row, bringing the national total to 147 and Florida's total to 25, the most of any state in the country. On June 12, 2014, the Florida Supreme Court directed the acquittal of Dausch because there was insufficient evidence of his guilt. The Court stated, "We do not take lightly the result that will flow from our decision today. We have reviewed the entire record in this case with the utmost seriousness and care. Yet, our comprehensive review of this case leaves us with the inescapable conclusion that the evidence is simply insufficient to conclude, beyond a reasonable doubt, that Dausch was the person responsible for murdering Mobley. At best, the evidence presented by the State creates a suspicion of guilt." Dausch's is the fourth death penalty exoneration in 2014. Glenn Ford was exonerated in Louisiana in March, and Henry McCollum and Leon Brown were exonerated in North Carolina in September. All three men had been imprisoned for 30 years.

NEW VOICES: Judges Call for Appellate Review Before Impending Execution

A group of 15 former state and federal judges, including a former Chief Justice of the Missouri Supreme Court, has filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in support of a stay of execution for Mark Christeson in Missouri. Christeson is scheduled to be executed on October 29, but the judges said he has not received "any meaningful federal review of his death sentence." In their brief, organized by the Constitution Project, the judges stated: "[O]ur system would be broken indeed if it did not even provide him with an opportunity, assisted by conflict-free counsel, to present his case to a federal court." The supportive appeal was signed by judges from across the country, including Nathaniel Jones, formerly of the U.S. Court of Appeals for the Sixth Circuit, Karla Gray, former Chief Justice of the Montana Supreme Court, Gerald Kogan, former Chief Justice of the Florida Supreme Court, Marsha K. Ternus, former Chief Justice of the Iowa Supreme Court, and Michael A. Wolff, former Chief Justice of the Missouri Supreme Court.

North Carolina Innocence Commission Frees Another Inmate, 38 Years Late

The same Commission that freed former death row inmates Henry McCollum and Leon Brown in September exonerated another man who had been convicted of murder, Willie Womble (l.). The North Carolina Innocence Inquiry Commission freed Womble on October 17, dismissing his 1976 first-degree murder conviction and life sentence. Womble had been convicted of acting as a lookout while another man, Joseph Perry, robbed a convenience store and killed the cashier. Both Perry and Womble received life sentences. Though Womble had always said he was innocent, he never filed a motion to challenge his conviction, perhaps because of his diminished mental capacity (a disability also present in McCollum and Brown). In 2013, Perry wrote a letter to the Innocence Commission stating that Womble was innocent. When Perry learned that his actual accomplice had died, he decided he could reveal Womble's innocence without putting the other man in prison. The Commission investigated Womble's case and found that his confession had been possibly coerced and written by a detective working on the case. Christine Mumma, executive director of the N.C. Center on Actual Innocence, said, “In 2008, the legislature passed a law requiring the recording of interrogations. This is another case showing how important that is.” Granville County District Attorney Sam Currin supported Womble's exoneration, saying, “I apologized to Mr. Womble and to the family of Mr. Roy Bullock, who was the victim. I just felt it was right. The system and the state of North Carolina failed them for 39 years.” Although not sentenced to death, Womble's case shows the risks of capital punishment and the difficulty in discovering innocence.

NEW VOICES: Judge Calls Ohio Death Penalty Costs 'Astronomical'

County Judge Michael P. Donnelly, a member of Ohio's Death Penalty Task Force appointed by the Chief Justice of the Supreme Court, recently called the costs of capital trials "astronomical." He went on to say that a county's budget may be a factor in decisions to seek the death penalty: “[W]ith 88 different prosecutors who have complete discretion on whether to pursue it or not, and you have to draw the inference that, in some counties, it’s not pursued because it’s just not economically feasible.” For example, Summit County is facing a 15% overrun of its court indigent defense budget because of five cases in which prosecutors sought the death penalty this year. The most recent capital trial cost the county $102,715, lasted nearly two months, and ended in a sentence of life without parole. Court officials said an aggravated murder case without death penalty charges typically costs $15,000 to $20,000 and lasts only two weeks. The judge added, “There’s no way you can look at the way [the death penalty is] applied in Ohio and draw the conclusion that it’s fair, or that it’s accomplishing what it purports to do — and that is, deliver the most severe punishment to the worst of the worst. It’s just not taking place.”

Pennsylvania Has 90% Reversal Rate for Death Penalty Cases Completing Appeals

On September 24, Pennsylvania reached a new milestone with the 250th death-sentence reversal since the death penalty was reinstated in 1978. The state has imposed approximately 412 death sentences since reinstatement. Only three prisoners were executed, and all three waived at least part of their appeals. There have been no executions in Pennsylvania for 15 years. Over 60% of all death sentences imposed in the state have been overturned by state or federal courts; 190 prisoners remain on death row, and many of those are likely to have their cases reversed, too. If the pool of sentences is restricted to those that have completed all of their ordinary appeals, the state reversal rate has been over 90%. Michelle Tharp was the latest person to have her sentence overturned. Pennsylvania has sent seven women to death row; all but one have had their cases reversed.

ARTICLES: Excluding Blacks from Death Penalty Juries Violates Rights As Citizens

An article in the most recent issue of the Virginia Quarterly Review examines the practice of excluding African-Americans from jury service, particularly in death penalty cases in North Carolina. In Bias in the Box, Dax-Devlon Ross notes, "Alongside the right to vote, the right to serve on a jury is an enduring pillar of our democracy....Nevertheless, there is perhaps no arena of public life where racial bias has been as broadly overlooked or casually tolerated as jury exclusion." Ross traces the history of civil rights litigation that secured blacks the right to participate in juries, but he also shows the continued use of strategies to remove them from service. In particular, the repeal of North Carolina's Racial Justice Act in 2013 removed an important protection of equality in jury service. Before the act was rescinded, a special court reduced the sentences of four death row inmates because of patterns of racial bias in jury selection. In one case, a prosecutor's notes described potential jurors as "blk wino - drugs" and as living in a "blk, high drug" neighborhood. Ross quotes a number of potential black jurors who wanted to serve in North Carolina but felt they were excluded because of their race.

Georgia Judge Would Allow Execution of Intellectually Disabled Man, But Calls for Higher Court Review

A county judge in Georgia denied relief for Warren Hill, a death row inmate whose diagnosed intellectual disabilities have failed to meet the state's narrow standard for exemption from the death penalty. However, the judge encouraged the state Supreme Court to consider whether a recent U.S. Supreme Court ruling, Hall v. Florida, should require Georgia to modify its standard. Chief Judge Thomas Wilson of Butts County said, "In light of the severity of the penalty in this case, this Court hopes that, in reviewing [Mr. Hill’s] application to appeal, the Georgia Supreme Court will fully consider any potential application of Hall v. Florida to [his] case." In Hall v. Florida, the Supreme Court directed Florida to broaden its interpretation of intellectual disability. Florida refused to spare an inmate whose IQ was just one point above their cutoff. Similarly, Georgia has the narrowest standard of proof for intellectual disability in the entire country, requiring defendants to prove their disability beyond a reasonable doubt. Brian Kammer, an attorney for Hill, said,"Mr. Hill should not be eligible for execution in a nation which does not execute persons with intellectual disability, and he would not be eligible for execution in any other jurisdiction in the nation."

REPRESENTATON: Death Row Inmate Received Bizarre Defense

Phillip Cheatham was represented at his death penalty trial by a lawyer who failed to develop a readily available alibi defense and portrayed Cheatham as a possible killer. The lawyer, Ira Dennis Hawver (pictured at his disbarment hearing, left), presented Cheatham as a drug-dealing killer who would not have left a witness alive to identify him and would have taken fewer shots to kill the victims. Hawyer admitted he might not have jumped through every "American Bar Association hoop" in defending his client. He appeared at his disciplinary hearing before the Kansas Supreme Court dressed as Thomas Jefferson. In overturning Cheatham's conviction in 2013, the state Supreme Court concluded, "Hawver's representation bore a greater resemblance to a personal hobby engaged in for diversion rather than an occupation that carried with it a responsibility for zealous advocacy."

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