News and Developments 2007: U.S. Supreme Court

U.S. Supreme Court to Address Discriminatory Jury Selection in Death Penalty Case

On Tuesday, Dec. 4, the U.S. Supreme Court will hear arguments in Snyder v. Louisiana, a case involving a black defendant sentenced to death by an all-white jury after the prosecution used its peremptory strikes to exclude all of the qualified black jurors.  During Allen Snyder’s 1996 trial for the murder of a man his estranged wife was dating, prosecutor James Williams of Jefferson Parish urged the all-white jury to sentence the defendant to death so that Snyder would not "get away with it" like O.J. Simpson.

Supreme Court Review of Lethal Injections Attracts Advocates from Many Disciplines

In addition to the main brief submitted by the Petitioner in Baze v. Rees, several amicus curiae briefs have been filed in support of the inmates from Kentucky who are challenging the constitutionality of lethal injections as practiced in their state before the U.S. Supreme Court. The case is likely to be heard in January 2008 and decided by June. It appears that executions around the country have been put on hold pending the Court's decision.

The amicus (“friend of the court”) briefs submitted include:

U.S. Supreme Court to Hear Ineffective Counsel Case

The U.S. Supreme Court has agreed to hear a case in which it will decide how appellate courts are to evaluate claims of ineffective assistance of counsel in plea negotiations. The case, Arave v. Hoffman (07-110), is the latest effort by the Justices to decide whether mistakes made by a defense lawyer warrant overturning a criminal's conviction or sentence. The appeal stems from a Idaho 1987 murder committed by Max Hoffman and two other men.

Texas Prosecutors Ask for Delay in Executions Until Supreme Court Issues Lethal Injection Ruling

As the U.S. Supreme Court prepares to consider the constitutionality of Kentucky's lethal injection procedures, prosecutors in three Texas counties have decided to await the Justices' ruling rather than ask judges to set execution dates and press forward through the courts. "It seems the common-sense thing to do at this point," said Roe Wilson, who handles death penalty appeals for the Harris County District Attorney's Office in Houston. Harris County sends more inmates to death row than any other county in Texas.

Attorneys' Organization Files Judicial Conduct Complaint Against Texas Appeals Judge

The National Association of Criminal Defense Lawyers (NACDL) has filed a judicial complaint against the Presiding Judge of the Texas Court of Criminal Appeals, Sharon Keller (pictured), the first time the group says it has ever filed a complaint against a judge. NACDL has asked the Texas Commission on Judicial Conduct to review Judge Keller's decision to turn away the last appeal of a death row inmate because the rushed filing was submitted past the court's 5 p.m. closing time. Attorneys for Michael Richard, who was executed on the same day the U.S.

Lethal Injection Controversy Rises to National Importance with Stays of Execution

With the stays of execution in Virginia on October 17 and in Georgia on October 18, it appears likely that no more lethal injections will take place in this country until the U.S. Supreme Court renders a decision in Baze v. Rees, a case challenging the lethal injection process in Kentucky. Christopher Emmett in Virginia was granted a stay by the U.S. Supreme Court just hours before his execution. Jack Alderman's lethal injection was stayed by the Georgia Supreme Court a day before it was to occur.

Presidential Powers at Issue in Supreme Court Arguments in Texas Death Penalty Case

On October 10, the U.S. Supreme Court will hear arguments in Medellin v. Texas, a case that will determine whether President Bush overstepped his authority by ordering state courts to comply with a 2004 International Court of Justice (ICJ) ruling. The case involves Texas death row inmate Jose Medellin, one of 51 Mexican foreign nationals who were denied their right to contact Mexican consular officials after their arrest. The ICJ's 2004 ruling called on U.S. courts to review the cases in light of this treaty violation, but Texas refused to review Medellin's case and he petitioned the U.S.

Texas, Alabama Executions Stayed As Lethal Injection Controversy Spreads

Two executions scheduled to take place on Thursday, September 27, in Alabama and Texas were stayed just two days after the U.S. Supreme Court announced it will consider the constitutionality of Kentucky's lethal injection protocol. In Alabama, Governor Bob Riley granted Thomas Arthur a 45-day stay of execution to allow time for the state to change its current lethal injection protocol. The change is designed to address concerns that inmates are not fully unconscious when given drugs to stop the heart and lungs, a problem that could result in excruciating pain.

BREAKING NEWS: U.S. Supreme Court to Consider Constitutionality of Lethal Injection Procedures

In a case with broad national implications, the U.S. Supreme Court has agreed to consider the constitutionality of lethal injections as practiced in Kentucky. The Justices will hear a challenge filed by two Kentucky death row inmates, Ralph Baze and Thomas Clyde Bowling, Jr. The two men sued Kentucky in 2004 claiming that the state's lethal injection process amounts to cruel and unusual punishment, noting that the procedure can inflict unnecessary pain and suffering on the inmate. Prior to today's decision, the U.S.

Supreme Court Asked to Review Unusual Death Sentence

Attorneys for Patrick Kennedy, the only person on death row in the U.S. for a non-homicide offense, have asked the U.S. Supreme Court to review whether a death sentence for a crime where the victim was not murdered is constitutional. Kennedy was convicted of raping his 8-year-old step-daughter in Louisiana in 1998. Only a handful of states have laws that would allow a death sentence for such a crime. No one has been executed for a non-homicide offense since the death penalty was reinstated in 1976, and Kennedy is the only person under a death sentence for such an offense.