On May 22, the U.S. Court of Appeals for the Fourth Circuit ruled (2-1) that the federal District Court overstepped its authority when it barred any further prosecution of Justin Wolfe. The Circuit Court upheld the lower court's order requiring Virginia to either retry Wolfe or release him, and it further held that Virginia failed to comply with that order. In 2002, Wolfe was convicted of conspiracy and sentenced to death in the murder of a drug dealer in Virginia. His conviction was based primarily on the testimony of the actual shooter, Owen Barber, who claimed that Wolfe hired him to kill the victim because of an outstanding debt. In 2010, Barber testified that his testimony at Wolfe's trial was false, and that Wolfe had nothing to do with the murder. The conviction was overturned by the District Court because the state had withheld crucial evidence from Wolfe's lawyers. The Court of Appeals had upheld that ruling earlier. In the current ruling, Judge Thacker, writing in dissent, would have barred any re-prosecution: “The misconduct of the Original Prosecuting Team has tainted this case to the extent that Wolfe’s due process rights are all but obliterated….The Commonwealth’s misconduct has continued far too long, and the cumulative misconduct permeating this case has tainted it in such a way that it is doubtful Wolfe will receive a fair and just trial. Enough is enough.”
On May 22, Governor John Hickenlooper of Colorado granted an indefinite stay of execution to 
Gary Alvord, a Florida inmate who spent more time on death row than any other inmate in the country, died on May 19 of natural causes. Alvord was 66 years old and had been sentenced to death for murder almost 40 years ago, on April 9, 1974. He suffered from schizophrenia and had no close family. Bill Sheppard, who represented Alvord for almost four decades, said, “Gary is a product of a sick system. He was a living example of why we should not have the death penalty.... I would love for the state of Florida to tell us how much money they wasted trying to kill a guy they couldn't kill. The death penalty is getting us nothing but broke.” In the time Alvord spent on death row, 75 other inmates were executed in Florida, many of whom spent half as long as he did on death row. Alvord faced execution at least twice, but his severe mental illness prevented the execution from being carried out. In 1984, he was sent to a state hospital to receive treatment for his psychiatric condition, but doctors refused to treat him, citing the ethical dilemma of making a patient well enough so he can be killed. Alvord’s final appeal expired in 1998.
The former Chief Deputy District Attorney from the county that prosecuted 
On May 16, Texas Governor Rick Perry signed a bill known as the "Michael Morton Act" that will require prosecutors to open their files to defendants and keep records of the evidence they disclose. The Act is named for Michael Morton (pictured), who was convicted and sentenced to life in prison in 1987. He was exonerated in 2011 after DNA evidence revealed that someone else had murdered his wife. Morton's lawyers discovered that the original prosecutor had withheld evidence that could have proven Morton's innocence. The U.S. Supreme Court's decision in Brady v. Maryland (1963) already requires prosecutors to hand over to defendants any evidence that is "material either to guilt or to punishment," but Texas' new law requires disclosure of all police reports and witness statements, regardless of whether the evidence is material to guilt or punishment. Kathryn Kase, Executive Director of the Texas Defender Service, which represents death row inmates, said, "This is a great day for fairness in Texas. The Michael Morton Act will reduce wrongful convictions; it is something we can all be very proud of." Twelve inmates have been exonerated and freed from Texas' death row since 1973.
At a recent event at Willamette University in Oregon, various state leaders in the fields of law and criminal justice spoke critically about the state's death penalty. Former Supreme Court Chief Justice Paul De Muniz (pictured) said the death penalty was "bad public policy," almost never resulting in an execution. He spoke of having defended a murderer sentenced to death in 1988. Twenty-five years later, the Justice noted, he is now retired after a full career in the law, while the inmate is still in the midst of his appeals on death row. Noting the $28 million spent annually on the death penalty, Justice De Muniz said, “The death penalty is getting a ‘pass’ from legislative scrutiny, when looking for ways to trim Oregon’s budget to fund starving schools and public safety.” The former Superintendent of the State Penitentiary, Frank Thompson, who presided over the last executions in the state, called the current system a “failed public policy.” Thompson said that he was concerned about his staff, who had the responsibility of carrying out executions, and about the risk that some innocent people have been executed in the U.S. Retired Supreme Court Justice Edwin Peterson also announced at the sold-out event that he would begin speaking out publicly against the state’s death penalty. 
The British manufacturer Hikma Pharmaceuticals recently announced new rules to restrict the supply of its products for unintended uses, such as carrying out executions in the United States. Earlier this year, Reprieve, a legal advocacy organization based in London, found that a U.S. subsidiary of Hikma sold 100 grams of phenobarbital to the Arkansas Department of Corrections. Arkansas decided to use the new, untested drug in their lethal injection process when they were unable to secure supplies of the drugs they normally use. A spokesman for Hikma Pharmaceuticals said the order had been made as part of the regular request for drugs for prison hospital services and did not raise any red flags because the drug had never been used in executions before. Arkansas has been contacted by the drug company and told that the subsidiary was closing the account. The state's current supply of phenobarbital is sufficient to carry out eight executions and will expire in October 2015. The state will need to seek alternative sources or different drugs when their current supply becomes unavailable. Other 
A recent article in The Nation by David Love, the Director of From DPIC
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Click the above video to see the latest developments in the death penalty.
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Clustering of the Death Penalty A new section of DPIC's website demonstrates that capital punishment is actually carried out in only a small percentage of U.S. jurisdictions. For example, one map shows that less than 1% of counties in death penalty states accounted for 30% of the executions in the U.S. since 1976. Similarly, less than 1% of the counties were responsible for 27% of current death row inmates and 35% of recent death sentences. Click maps to enlarge
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LATEST NEWS (May 22): Colorado's governor indefinitely stayed the execution of 
(May 14). A bill to repeal Nebraska's death penalty was not able to overcome a filibuster vote and will not be voted on this year. The vote to end the filibuster was 28-21, but 33 votes were needed. This was the first time since 1979 that a majority of 
