Entries tagged with “Supreme Court Justices

Executions

Lethal Injection

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Jul 27, 2023

Alabama exe­cutes James Barber as SCOTUS denies a stay

On July 21, 2023, Alabama death row pris­on­er James Barber was exe­cut­ed two hours after the U.S. Supreme Court denied his motion for a stay in a 6 – 3 deci­sion. This marks the state’s first exe­cu­tion since a series of three botched exe­cu­tions in 2022 and an inter­nal inves­ti­ga­tion into the Alabama Department of Corrections’ (ADOC) exe­cu­tion protocol. 

Facts & Research

United States Supreme Court

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Executions Overview

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Mar 08, 2017

As Supreme Court Denies Stay of Execution, Justice Breyer Urges Consideration of Death Row Conditions

On March 7, the United States Supreme Court denied a stay of exe­cu­tion for Texas death-row pris­on­er Rolando Ruiz, declin­ing to con­sid­er his claim that the more than 20 years he had been incar­cer­at­ed on death row, most­ly in soli­tary con­fine­ment, vio­lat­ed the Eighth Amendment pro­hi­bi­tion against cru­el and unusu­al pun­ish­ment. Ruiz’s lawyers had urged the Court to con­sid­er this issue, writ­ing, At this point, a quar­ter-cen­tu­ry has elapsed since Mr. Ruiz com­mit­ted a con­tract mur­der in 1992, two days after he turned twen­ty years old. Mr. Ruiz has lived…

Policy Issues

Arbitrariness

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United States Supreme Court

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Dec 13, 2016

As Supreme Court Rejects Death Penalty Petitions, Justice Breyer Renews Call For Constitutional Review

In the span of one week, the U.S. Supreme Court declined to review peti­tions from six death row pris­on­ers, deny­ing them relief in their cas­es. The peti­tion­ers raised issues relat­ed to DNA pro­ce­dures, con­flict of coun­sel, a dis­put­ed guilty plea, juror bias, judi­cial over­ride, and a pre­vi­ous­ly botched exe­cu­tion attempt. In two of the cas­es, the Court allowed exe­cu­tions to pro­ceed in Georgia and Alabama. The case of Ronald Smith left the Court dead­locked 4 – 4, with enough votes to grant review in his case, but not enough to halt his…

Policy Issues

Arbitrariness

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United States Supreme Court

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Jul 02, 2018

In Two Mississippi Cases, Justice Breyer Renews Call to Review Constitutionality of Death Penalty

As its 2017 – 2018 term came to a close, the U.S. Supreme Court declined to review two Mississippi cas­es that pre­sent­ed sig­nif­i­cant chal­lenges to cap­i­tal pun­ish­ment as imple­ment­ed in that state and across the coun­try. Over the dis­sent of Justice Stephen Breyer (pic­tured), who renewed his call for the Court to review the con­sti­tu­tion­al­i­ty of the death penal­ty as a whole, the Court on June 29 denied cer­tio­rari in the cas­es of Timothy Evans and Richard Jordan. Reiterating con­cerns he first voiced in his land­mark dis­sent three years ago in Glossip…

Policy Issues

Representation

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United States Supreme Court

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Jun 04, 2018

Justice Sotomayor Criticizes Supreme Court For Failing to Intervene in Texas Death-Row Prisoner’s Case

Over a strong dis­sent by Justice Sonia Sotomayor (pic­tured), the United States Supreme Court on June 4 declined to review the case of Texas con­demned pris­on­er Carlos Trevino, who had argued that his lawyer was inef­fec­tive for fail­ing to inves­ti­gate and present mit­i­gat­ing evi­dence of Trevino’s brain dam­age and devel­op­men­tal delays from his exten­sive pre­na­tal expo­sure to alco­hol. Having failed to inves­ti­gate, Trevino’s lawyer pre­sent­ed only a sin­gle wit­ness whom he met for the first time the day of the sen­tenc­ing hear­ing. That wit­ness, the defendant’s aunt, pro­vid­ed cur­so­ry testimony…

Policy Issues

Costs

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Deterrence

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New Voices

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Apr 29, 2014

NEW VOICES: Another Oregon Chief Justice Questions the Death Penalty

Three for­mer Chief Justices of the Oregon Supreme Court have recent­ly called for an end to the death penal­ty in their state. Retired Chief Justice Wallace P. Carson, Jr. (l.), was the most recent Justice to call for a change: In my opin­ion, the excep­tion­al cost of death penal­ty cas­es and the seem­ing­ly hap­haz­ard selec­tion of which cas­es deserve the death penal­ty out­weigh any per­ceived pub­lic ben­e­fit of this sanc­tion,” Carson said. The fair­ly recent addi­tion of a true life’ (no parole) penal­ty should rea­son­ably sub­sti­tute for any deter­rence value…

Facts & Research

New Voices

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Dec 27, 2011

NEW VOICES: California’s New Chief Justice Calls Death Penalty System Ineffective

The Chief Justice of California s Supreme Court, Tani Cantil-Sakauye, recent­ly called for a re-eval­u­a­tion of the state’s death penal­ty sys­tem, say­ing the sys­tem is not work­ing and not effec­tive.” In her first pub­lic com­ments on the issue since she became head of the the state’s high­est court, Justice Cantil-Sakauye point­ed to the present predica­ment for the state, say­ing the death penal­ty sys­tem need­ed struc­tur­al change, and we don’t have the mon­ey to cre­ate the kind of change that is need­ed.” The court sys­tem was forced to cut $200 million…

Facts & Research

New Voices

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Mar 05, 2012

NEW VOICES: Former Louisiana Supreme Court Chief Justice Calls for Reform

A recent op-ed writ­ten by retired Louisiana Supreme Court Chief Justice Pascal F. Calogero Jr. high­lights the state’s his­to­ry of vio­lat­ing the U.S. Supreme Courts rul­ing in Brady v. Maryland. According to this rul­ing, pros­e­cu­tors are required to dis­close evi­dence favor­able to the defense, and that fail­ure to do so vio­lates the defendant’s right to due process. Calogero cit­ed a report by the Innocence Project New Orleans which found that favor­able evi­dence was with­held in 25% of the cas­es of men sen­tenced to death in the Orleans Parish from 1973 – 2002.…

Facts & Research

Recent Legislative Activity

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New Voices

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Jun 23, 2010

NEW VOICES: Former New Hampshire Supreme Court Justice Calls for Abolition

Joseph P. Nadeau, who served on New Hampshires Supreme Court for six years and as a judge for 37 years, recent­ly tes­ti­fied before the state’s death penal­ty com­mis­sion about his oppo­si­tion to the prac­tice. In an op-ed, Judge Nadeau sum­ma­rized the moral and prac­ti­cal rea­sons why he believes cap­i­tal pun­ish­ment should be repealed. Our think­ing evolves, as peo­ple, tech­nol­o­gy, and soci­eties progress,” he said. And what is accept­able at one time in our his­to­ry may become unwel­come at anoth­er. So we are encour­aged to re-exam­ine our core prin­ci­ples and to…

Policy Issues

Arbitrariness

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New Voices

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Jan 28, 2013

NEW VOICES: Ohio Supreme Court Justice Calls Death Penalty Unconstitutional

Ohio Supreme Court Justice William O’Neill recent­ly vot­ed to strike down the death penal­ty, when he dis­sent­ed in an order set­ting an exe­cu­tion date for Jeffrey Wogenstahl. Justice O’Neill wrote, I would hold that cap­i­tal pun­ish­ment vio­lates the Eighth Amendment to the Constitution of the United States and Article I, Section 9 of the Ohio Constitution. The death penal­ty is inher­ent­ly both cru­el and unusu­al and there­fore is uncon­sti­tu­tion­al. Capital pun­ish­ment dates back to the days when decap­i­ta­tions, hang­ings, and brand­ings were also the norm. Surely, our soci­ety has evolved…

Facts & Research

United States Supreme Court

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New Voices

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Feb 23, 2016

Retired Justice John Paul Stevens Criticizes Capital Punishment as a Wasteful Enterprise”

Retired U.S. Supreme Court Justice John Paul Stevens (pic­tured), in remarks to a cap­i­tal case sem­i­nar host­ed by California Attorneys for Criminal Justice, crit­i­cized the death penal­ty as a waste­ful enter­prise” and urged vot­ers, leg­is­la­tors, and the courts to address the issue. Speaking by video, the for­mer Justice said, Few oth­er civ­i­lized soci­eties engage in such a waste­ful use of resources with no demon­strat­ed ben­e­fit to soci­ety. Taxpayers should ter­mi­nate this waste as expe­di­tious­ly as pos­si­ble.” He called the cost of con­tin­u­ing to pros­e­cute cap­i­tal cas­es unac­cept­able,” say­ing the expense…