News and Developments 2008: Representation

Tennessee Death Penalty Committee Recommends Changes in Representation Standards

A legislative committee created to study the death penalty in Tennessee has recommended ways to ensure capital cases are handled fairly and effectively.  The committee approved a resolution that asks lawmakers to create a statewide authority whose duties would include identifying lawyers experienced in capital cases, raising the standard pay for such attorneys, and monitoring their caseloads.

Thomas Lee, a Tennessee attorney on the committee, said such an authority would help ensure that "trials are done right the first time."  The committee, created last year after the state legislature decided Tennessee’s death penalty system needed to be examined for fairness and accuracy, will present its findings to the Governor and lawmakers.

COSTS: Utah Supreme Court Says Death Sentences Will Be Reversed Unless Legislature Provides for Adequate Counsel

Utah’s Supreme Court recently expressed concern that the lack of qualified defense attorneys for indigent death row inmates could unravel capital sentences. In a unanimous decision in the case of death row inmate Michael Archuleta, Associate Chief Justice Michael Wilkins (pictured) said the court might be forced to reverse capital sentences because the low pay and the complexity of such cases have shrunk the pool of Utah attorneys who will accept them.

NEW RESOURCES: The Private Bar’s Efforts to Secure Proper Representation for those Facing Execution

Civil rights litigator and death penalty expert Ronald J. Tabak recently published “The Private Bar’s Efforts to Secure Proper Representation for those Facing Execution” in the Justice System Journal. The article presents an in-depth review of the American Bar Association’s (ABA) role in ensuring effective counsel in capital cases.

NEW RESOURCES: Representation and Costs in Federal Death Penalty Cases

In June 2008, the Office of Defender Services of the Administrative Office of the U.S. Courts published a report analyzing the cost, quality and availability of defense representation in federal death penalty cases. The report determined that federal capital trials in which the death penalty was sought were substantially more expensive than non-death penalty federal trials; however, a death sentence was handed down in only one-quarter of the cases.

Professor Anthony Amsterdam To Receive the Frederick Douglass Human Rights Award

Leading attorney, law professor, and advocate Anthony Amsterdam is being honored by the Southern Center for Human Rights with the Frederick Douglass Human Rights Award in Washington, DC on October 2. Professor Amsterdam conducts the Capital Defender Clinic at New York University Law School and is recognized for his four decades of prominent work in cases ranging from death penalty defense to claims of free speech and the press, privacy, and equality of opportunity for racial minorities and the poor.

 

Hearing Scheduled on Affair between Prosecutor and Judge in Texas Death Penalty Case

UPDATE: CHARLES HOOD'S EXECUTION HAS BEEN STAYED BY THE TEXAS COURT OF CRIMINAL APPEALS.  A Texas state judge has ordered a hearing into the accusation of an affair between the judge and the prosecutor in Charles Hood’s death penalty case. With a week to go before Hood’s execution date, the Texas Attorney General also called for a review of the fairness of the trial.

NEW RESOURCES: Study on Quality of Defense Representation in Tennessee Death Penalty Cases

A recent law review article explores the quality of defense representation in capital cases in Tennessee. Authors William Redick, Jr., Bradley Maclean, and M. Shane Truett conducted an in depth study of Tennessee death penalty cases in their article, “Pretend Justice--Defense Representation in Tennessee Death Penalty Cases” in the University of Memphis Law Review.

Upcoming Georgia Execution Involves Racially Biased and Unprepared Defense Lawyer

Georgia Execution Involves Racially Biased and Unprepared Defense Lawyer
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Mississippi Preparing to Execute Man Despite Strong Evidence of Mental Retardation

Earl Berry is scheduled to be executed on May 21 in Mississippi, despite evidence that he has mental retardation. Judicial review of this evidence has been denied because his former lawyers failed to file the evidence in a timely fashion. This would be the second execution since the U.S. Supreme Court approved Kentucky's method of lethal injection on April 16. Last month, a psychologist concluded that Berry had an IQ of 75 or below and “significantly sub-average intellectual functioning and … meets the criteria to be classified as mentally retarded.” The U.S.

U.S. Supreme Court Agrees to Hear Virginia Case on Quality of Representation

On May 12, the U.S. Supreme Court granted certiorari in Bell v. Kelly, No. 07-1223, where the petitioner challenged a lower court's dismissal of his claim of ineffectiveness of counsel. Edward Nathaniel Bell stated that his trial lawyers presented no mitigating evidence on his behalf at his sentencing hearing, despite the existence of many sympathetic facts that might have led a jury to vote for a life sentence. The state court presented with this claim did not hold a hearing on whether Bell was put at a disadvantage because of his lawyers' failures.