ABA Journal

Death Penalty

1201 ABA Journal Death Penalty articles.

Texas death row inmate should get new trial because of judge’s anti-Semitic views, new judge says

A Dallas judge is recommending a new trial for a Jewish death row inmate after finding the judge who presided over his trial used offensive terms to describe Jewish people and the inmate in particular.

Weekly Briefs: Britney Spears’ father suspended as conservator; would-be Reagan assassin will be freed of limits

Britney Spears’ father is suspended as conservator

Judge Brenda Penny of Los Angeles on Wednesday suspended Britney Spears’ father, Jamie Spears, from his position as conservator for the pop…

Wrong assumption leads to $1,500 fine for prosecutor in case of death row inmate

A federal judge has reprimanded an assistant attorney general in Alabama and ordered her personally to pay a $1,500 fine for making an incorrect statement in a case of a death row inmate.

Top Texas court tosses capital conviction because prosecutor was also clerking for the judge

The Texas Court of Criminal Appeals has granted a new trial to a death row inmate because one of the prosecutors was also clerking for the judge who oversaw the trial and considered the convicted man’s habeas application.

SCOTUS stays execution, agrees to hear request for pastor’s hands-on, out-loud prayer in death chamber

The U.S. Supreme Court on Wednesday evening agreed to consider a Texas inmate’s request to have a Baptist pastor lay hands on him and pray out loud during his execution.

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

Dissenting judge says 9th Circuit took habeas dysfunction to new level with ‘hypothetical dicta’

A federal circuit judge’s acidic dissent last week used cookies and lemonade analogies to make a point about a binding dicta rule and its potentials for misuse.

Afternoon Briefs: 7 federal death penalty requests withdrawn; ex-lawyer sentenced for advice on supplements

DOJ withdraws death penalty requests

The U.S. Department of Justice has withdrawn requests for the death penalty in seven cases, reversing the stance taken by the department during the Trump…

Sotomayor accuses majority of ‘linguistic contortion’ in rejecting ineffective assistance claim in death penalty case

The U.S. Supreme Court has rejected the ineffective assistance claim of a death row inmate who didn’t call his lawyers to testify about their failure to hire an expert to assess him for an intellectual disability.

AG Garland announces moratorium on federal executions; firing squad rule examined

Attorney General Merrick Garland announced Thursday that he is placing or moratorium on federal executions to allow for a review of changes made during the Trump administration.

DOJ seeks reinstatement of death penalty for Boston Marathon bomber

The U.S. Department of Justice is backing reinstatement of the death sentence for the Boston Marathon bomber in a brief filed Monday with the U.S. Supreme Court.

Arizona reportedly prepares gas chamber for execution by cyanide, the gas used at Auschwitz

Arizona officials have “gone to considerable lengths to revive the state’s mothballed gas chamber,” according to a recently released report by the Guardian.

Oklahoma attorney general abruptly announces resignation; his office is sorting out tribal case decision

Oklahoma Attorney General Mike Hunter announced his resignation Wednesday—a day after the Oklahoman submitted questions to him about an affair with a state employee.

Inmate seeking firing-squad execution denied cert; dissent says court ‘chooses to stand idly by’

The U.S. Supreme Court on Monday refused to hear the case of a Missouri death row inmate who is seeking execution by firing squad rather than lethal injection.

Afternoon Briefs: Trans worker fails to make discrimination case against employer; former DA’s husband gets community service

Transgender employee failed to show discrimination in case against T-Mobile, appeals court says

The 5th U.S. Circuit Court of Appeals at New Orleans has dismissed claims brought by Elijah Anthony…

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