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Death Row, V.Sa Nllliont,JOlf,o, Suite 1600 NAACP LEGAL DEFENSE 99 Hudson Street 'LJIDFAND EDUCATIONAL FUND, IN C. New York, N.Y. 10013-2897 (212) 219-1900 Fax: (212) 226-7592 Spring 1995 DEATH ROW, V.SA TOTAL NUMBEROF DEATH ROWINMATES KNOWNTO LDF: 3009 (As of April 30, 1995) Race of Defendant: White 1,455 (48.35%) Black 1,217 (40.44%) Latino/Latina 233 ( 7.74%) Native American 52 ( 1. 73%) Asian 22 ( .73%) Unknown at this issue 30 ( 1. 00%) Gender: Male 2,960 (98.37%) Female 49 ( 1. 63%) DISPOSITIONS SINCE JANUARY 1, 1973: Executions: 274 suicides: 42 Commutations: 1 ·2 ( including those by the Governor of Texas resulting from favorable court decisions) Died of natural causes, or killed while under death sentence: 90 Convictions/Sentences reversed: 1458 JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 40 (Underlined jurisdictions have statutes but no sentences imposed) Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITHOUT CAPITAL PUNISHMENT STATUTES: 13 Alaska, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. The NAACP Legal Dc(cm,: ac£cluatloa.il fw>d, Inc. (LDF)is DOCpart Swee 301 Saia, DI ~fo,U~­ .S. of tbc Naciaw Auocu.c.ioafor die Adv~ , of ColottdPcopk 1275 K Suecc. NW 31S War. Nm Screcc -- - ,.,,,..a , (NAACP) alcboughLDF wu fomclcdby docNAACP ud slaarala Washiape. DC 20005 Lai Angdcs.CA 90JtS c:ommicmca,co cqa.alrights. LDF l,u lud foe O¥tt 30 years a~ (202\ M2-nM """ «-.....">- ""~•.1--- --· -" -,.,,,. t t. IN THE U.S. SUPREME COURT CAPITAL CASES TO BE -DECIDED IN OCTOBER 1994 TERM A. Capital B: Non-:-Capital Kyles v. Whitley, 115 S. Ct. 1555 O'Neal v. McAninch, 155 S. Ct. 992 (1995) Held that (1) in determining (1995) Held that when a federal whether evidence not disclosed by judge in habeas proceeding is in state was "material", in violation grave doubt about whether trial of Brady, cumulative effect of all error of federal constitutional law suppressed evidence favorable to had substantial and injurious the defendant is considered, rather effect .or influence in determining than considering each item of _jury's verdict, that error is not evidence individually, and (2) harmless, and petitioner must win. favorable evidence state failed to disclose to defendant would have made a different result "reasonably probable" in capital murder prosecution. Accordingly, nondisclosure of evidence was Brady violation. Schlup v. Delo, 115 S. Ct 851 (1995). Held that standard of Canier, which requires a procedurally defaulted habeas petitioner to show that a constitutional violation had probably resulted in the conviction of one who is actually innocent, rather than the more stringent Sawyer standard, governs miscarriage of justice inquiry when petitioner who has been sentenced to death raises claim of actual innocence to avoid a procedural bar to consideration of merits of constitutional claims. Harris v. Alabama, 115 s. Ct. 1031 (1995) Held that Alabama law, which vested sentencing authority in trial judge but required judge to consider advisory jury verdict, did not violate Eighth Amendment by failing to specify weight judge must give to jury's recommendation . 2 ...,. - xecution update -'pril 30, 1995 Total number of executions since the 1976 reinstatement of capital punishment (there were no executions in 1976): 274 - '77' 78 '79 '80 '81 '82 '83 '84 '85 '86 '87 '88 '89 '90 '91 '92 '93 '94 '95 1 0 2 0 1 2 5 21 1.8 18 25 11 16 23 14 31 38 31 17 gender of defendants executed gender of victims total number 274 total number 364 Female .•• •• 1 ( . 3 6%) Female •.••• 165 (45 .33 %) Male . • . • 273 (99.63%) Male • . .• 199 (54.67%) race of defendants executed race of victims White . 153 (55.84%) White . 306 (84.06%) Black . 104 (37.96%) Black . 43 (11.81%) atino . 16 ( 5.84%) Latino . 10 ( 2.75%) .1tive American . 1 ( .36 %) Asian . 5 ( 1. 37%) defendant-victim racial combinations White Defendant and White Victim ..•.. 210 (57.69%) Black Victim ... • • • • . • . • • • • • • • 3 ( .82%) Asian Victim • • • • • • • • • • • • • • • 2 ( • 55%) Latino /a Victim . • . • • • • . 1 ( • 27%) Black Defendant and White Victim .. ... • . • • • • • • 8 9 (24.45%) Black Victim ...... • • • • • • 3 9 (10.71 %) Asian Victim • • • 2 ( .55%) Latino Victim ..• . 1 ( • 27%) Latino Defendant and White Victim ..... 8 ( 2.20%) Latino Victim .. 7 ( 1. 92%) Asian Victim . 1 ( .27%) Native American and White Victim 1 ( . 27%) 3 Date of Name of State Race gender Execution Defendant /Number of Def/ of Multiple Victims Victim Victim 01-17-77 1. Gary Gilmore[*] UT W/W M 05-25-79 2. John Spenkelink FL W/W M L0-22-79 3. Jesse Bishop[*] NV W/W M 03-09-81 4. Steven Judy[*]/3 IN W/WWW FFF 08-10-82 5. Frank Coppola[•] VA W/W F 12-07-82 6. Charlie Brooks TX B/W M 04-22-83 7. John Evans AL W/W M 09-02-83 8 . Jimmy Lee Gray MS W/W F 11-30-83 9. Robert Sullivan FL W/W M 12-14-83 10. Robert W. Williams LA B/B M 12-15-83 11. John Eldon Smith/2 GA W/WW M-F 01-26-84 12. Anthony Antone[+] FL W/W M 02-29-84 13. John Taylor LA B/W M 03-14-84 14. James Autry TX W/W F 03-16-84 15. James Hutchins/2 NC W/WW MM 03-31-84 16. Ronald O'Bryan TX W/W M 04-05-84 17. Arthur Goode FL ,W/W M 04-05-84 18 . Elmo Sonnier/2 LA W/WW M-F 05-10-84 19. James Adams FL B/W M 06-20-84 20. Carl Shriner FL W/W M 07-12-84 21. Ivon Stanley GA B/W M 07-13-84 22. David Washington/3 FL B/WBW MM-F 09-07-84 23. Ernest Dobbert FL W/W F 09-10-84 24. rimothy Baldwin LA W/W F 09-20-84 25. James Dupree Henry FL B/B M 10-12-84 26. Linwood Briley VA B/W M 10-30-84 27. Thomas Barefoot TX W/W M 10-30.:.84 28. Ernest Knighton LA B/W M 11-02-84 29. Velma Barfield[A] NC W/W M 11-08-84 30. Timothy Palmes FL W/W M 12-12-84 31. Alpha Otis Stephens GA B/W M 12-28-84 32. Robert Lee Willie LA W/W F 01-04-85 33. David Martin/4 LA W/WWWW MM-FF 01-09-85 34. Roosevelt Green[@] GA B/W F 01-11-85 35. Joseph Carl Shaw/2 SC W/WW M-F 01-16-85 36. Doyle Skillern(+] TX W/W M 01-30-85 37. James Raulerson FL W/W M 02-20-85 38. Van R. Solomon GA B/W M 03-06-85 39. Johnny Paul Witt FL W/W M 03-13-85 40. Stephen P. Morin[*] TX W/W F 03-20-85 41. John Young/3 GA B/WWW FF-M 04-18-85 42. James Briley/2 VA B/BB M-F 05-15"-85 43. Jesse de la Rosa TX L/A M 05-29-85 44. Marvin Francois /6 FL B/6B 6M 06-25-85 45. Charles Milton TX B/B F 06-25-85 46. Morris Mason VA B/W F 07-09-85 47. Henry M. Porter TX L/W M 09-:11-85 48. Charles Rumbaugh[*#] TX W/W M 10-16-85 49. William Vandiver(*] IN W/W M 12-06-85 50. Carroll Cole[*] NV W/W F 01-10-86 51. James Terry Roach[#] SC W/W M 03-12-86 52. Charles William Bass TX W/W M 03-21-86 53. Arthur Lee Jones AL ~/W ...--...__ 03-12-86 52. Charles Willia m Ba s s TX W/ W M 03-21-86 53. Arthur Lee Jon es AL B/ W M 04-15-86 54. Daniel Thomas FL B/W M 04-16-86 55. Jeffrey A. Barney(*) TX W/W F 04-22-86 56. David Funche s s/ 2 FL B/ WW M-F 05-15-86 57. Jay Pinkerton[#] /~ TX W/WW FF 05-20-86 58. Ronald Straight FL (see #30) 06-09-86 59. Rudy Esquivel TX L/ W M 06-18-86 60. Kenneth Brock TX W/W M 06-24-86 61. Jerome Bowden GA B/W F 07-31-86 62. Michael Smith VA B/W F 08-20-86 63. Randy Woolls TX W/W F 08 - 22-86 64. Larry Smith TX B/W M 08-26-86 65. Chester Wicker TX W/W F 09-19-86 66. John Rook NC W/W F 12-04-86 67. Michael Wayne Evans TX B/L F 12-18-86 68. Richard Andrade TX L/L F 01-30-87 69. Ramon Hernandez[*] TX L/L M 03-04-87 70. Elisio Moreno(*] TX L/W M 05-15-87 71. Joseph Mulligan GA B/B M 05-20-87 72. Edward Earl Johnson MS B/W M 05-22-87 73. Richard Tucker GA B/W F 05-28-87 74. Anthony Williams TX B/W F 05-29-87 75. William Boyd Tucker GA W/W F 06-07-87 76. Benjamin Berry LA W/W M - 06-09-87 77.
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