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Death Row U.S.A
DEATH ROW U.S.A. Winter 2005 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Director of Research and Student Services, Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Winter 2005 (As of January 1, 2005) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,455 Race of Defendant: White 1,576 (45.62%) Black 1,444 (41.79%) Latino/Latina 356 (10.30%) Native American 39 ( 1.13%) Asian 40 ( 1.16%) Unknown at this issue 1 ( .03%) Gender: Male 3,401 (98.44%) Female 54 ( 1.56%) Juveniles: Male 79 ( 2.29%) JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 40 (Underlined jurisdiction has statute 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 Death Row U.S.A. Page 1 Alaska, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. Death Row U.S.A. Page 2 In the United States Supreme Court Update to Fall 2004 Issue of Significant Criminal, Habeas, & Other Pending Cases for Cases to Be Decided in October Term 2004 1. CASES RAISING CONSTITUTIONAL QUESTIONS Fourth Amendment Devenpeck v. Alford, No. 03-710 (Probable cause to arrest and qualified immunity) (decision below Alford v. -
Death Row U.S.A
DEATH ROW U.S.A. Summer 2013 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Consultant to the Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Summer 2013 (As of July 1, 2013) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,095 Race of Defendant: White 1,334 (43.10%) Black 1,291 (41.71%) Latino/Latina 391 (12.63%) Native American 33 (1.07%) Asian 45 (1.42%) Unknown at this issue 1 (0.03%) Gender: Male 3,034 (98.03%) Female 61 (1.97%) JURISDICTIONS WITH CURRENT DEATH PENALTY STATUTES: 35 Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITHOUT DEATH PENALTY STATUTES: 18 Alaska, Connecticut [see note below], District of Columbia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico [see note below], New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. [NOTE: Connecticut and New Mexico repealed the death penalty prospectively. The men already sentenced in each state remain under sentence of death.] Death Row U.S.A. Page 1 In the United States Supreme Court Update to Spring 2013 Issue of Significant Criminal, Habeas, & Other Pending Cases for Cases to Be Decided in October Term 2012 and October Term 2013 1. CASES RAISING CONSTITUTIONAL QUESTIONS Article I § 10 Ex Post Facto Clause Peugh v. -
Death Row U.S.A
DEATH ROW U.S.A. Fall 2004 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Director of Research and Student Services, Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. STATE LISTS OF PRISONERS ON DEATH ROW CODES FOR STATE ROSTERS: B Black A Asian W White N Native American L Latino/a U Unknown at this issue ^ Female & Sentenced to death in the state where listed, but incarcerated in another state # Juveniles [ ] Reversals: Defendants 1) awaiting a retrial or a new sentencing proceeding following a court order or 2) whose court ordered conviction or sentence reversal is not yet final. ALABAMA (Lethal Injection or Choice of Electrocution) Total = 199 B = 93 W = 103 L = 2 N = 0 A = 1 U = 0 Females = 3 (B = 2 W = 1 ) Juveniles = 14 (B = 6 W = 8 ) 1. ACKLIN, NICK (B ) 37. CENTOBIE, MARIO (W ) 2. ADAMS, RONALDO # (B ) 38. CLARK, CHARLES GREGORY (W ) 3. ADKINS, RICKY (W ) 39. CLEMONS, EUGENE (B ) 4. APICELLA, ANDREW (W ) 40. CORAL, ROBERT (B ) 5. ARTHUR, THOMAS (W ) 41. DALLAS, DONALD (W ) 6. [ BAKER, JR., BOBBY (B ) ] 42. DANIEL, RENARD MARCEL (B ) 7. BARBER, JAMES EDWARD (W ) 43. DAVIS, DAVID EUGENE (W ) 8. BARBOUR, CHRISTOPHER (W ) 44. DAVIS, JIMMY (B ) 9. BARKSDALE, TONY (B ) 45. DAVIS, MELVIN (B ) 10. BECKWORTH, REX ALLEN (W ) 46. DAVIS, TIMOTHY # (W ) 11. BELISLE, RICK (W ) 47. DEARDORF, DONALD (W ) 12. BELL, RANDY (B ) 48. DEBRUCE, DERRICK (B ) 13. BENJAMIN, BRANDYN (B ) 49. DILL, JIMMY (W ) 14. BLACKMON, PATRICIA ^ (B ) 50. -
Death Row U.S.A
DEATH ROW U.S.A. Spring 2015 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Consultant to the Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Spring 2015 (As of April 1, 2015) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,002 Race of Defendant: White 1,284 (42.77%) Black 1,251 (41.67%) Latino/Latina 386 (12.86%) Native American 31 (1.03%) Asian 49 (1.63%) Unknown at this issue 1 (0.03%) Gender: Male 2,948 (98.20%) Female 54 (1.80%) JURISDICTIONS WITH CURRENT DEATH PENALTY STATUTES: 34 Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITHOUT DEATH PENALTY STATUTES: 19 Alaska, Connecticut [see note below], District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico [see note below], New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. [NOTE: Connecticut and New Mexico repealed the death penalty prospectively. The men already sentenced in each state remain under sentence of death.] Death Row U.S.A. Page 1 In the United States Supreme Court Update to Winter 2015 Issue of Significant Criminal, Habeas, & Other Pending Cases for Cases Decided or to Be Decided in October Term 2014 1. CASES RAISING CONSTITUTIONAL QUESTIONS First Amendment Elonis v. -
Pursuant to 5TH CIR. R. 47.5, the Court Has Determined That This
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 97-10598 _____________________ GENARO RUIZ CAMACHO, JR., Petitioner-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. _________________________________________________________________ Appeal from the United States District Court for the Northern District of Texas (3:95-CV-2539-G) __________________________________________________________________ April 17, 1998 Before DAVIS, JONES, and BARKSDALE, Circuit Judges. PER CURIAM:* Genaro Ruiz Camacho, Jr., a Texas death row inmate convicted of capital murder, seeks a certificate of probable cause to challenge the district court’s denial of his petition for a writ of habeas corpus. The certificate is DENIED; the stay of execution, VACATED. I. In 1990, Camacho was convicted and sentenced to death for the capital murder of David Wilburn. During the guilt phase, as * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. discussed infra, three eyewitnesses testified that they saw Camacho shoot Wilburn; and the State also presented evidence of Camacho’s involvement in the murders, a few days later, of Evellyn and Andre Banks, who had been present when Wilburn was murdered. During the punishment phase, the State presented evidence that Camacho had committed two additional murders. The Texas Court of Criminal Appeals affirmed, Camacho v. State, 864 S.W.2d 524 (Tex. Crim. App. 1993); and the United States Supreme Court denied Camacho’s petition for a writ of certiorari. Camacho v. -
IN the UNITED STATES DISTRICT COURT for the WESTERN DISTRICT of OKLAHOMA (1.) the Oklahoma Observer, (2.) Arnold Hamilton, (3.)
Case 5:14-cv-00905-HE Document 20 Filed 10/07/14 Page 1 of 125 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1.) The Oklahoma Observer, (2.) Arnold Hamilton, (3.) Guardian US, (4.) Katie Fretland, Plaintiffs, Civil Case No. 14-905-HE -v- DECLARATION OF (1.) Robert Patton in his capacity as MICHAEL L. RADELET Director, Oklahoma Department of Corrections; (2.) Anita Trammell, in her capacity as Warden of the Oklahoma State Penitentiary, Defendants. I, Michael L. Radelet, declare as follows: 1. I am a Full Professor and former Chair in the Department of Sociology at the University of Colorado. Over the past 30 years, I have studied the sociological impacts of capital punishment in America. I have served as an expert witness in 60 death penalty cases, including in Oklahoma.1 As part of my research, for the past thirty years I have been documenting media reports of miscarried executions. 2. In this declaration, I discuss media reports about “botched” executions in the years following the Supreme Court’s de facto moratorium on the death penalty announced in Furman v. Georgia, 408 U.S. 238 (1972). The information in this declaration is based upon my personal knowledge and sources of the kind on which 1 See State v. Medlock, No. CRF-90-89 (D. Ct. Canadian County, appeared Mar. 13, 1991) (penalty phase). 1 Case 5:14-cv-00905-HE Document 20 Filed 10/07/14 Page 2 of 125 researchers in my field rely. If called to testify, I could and would competently testify thereto. -
Death . Row U.SA. (As O{ October 1, 2000)
Death . Row U.SA. Fall 2000 (As o{ October 1, 2000) • r TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,703 a ~ Race of Defendant: White 1,707 (46.10%) I Black 1,586 (42.83%) Latino/Latina 328 ( 8.86%) Native American 47 ( 1.27%) Asian 34 ( .92%) Unknown at this issue 1 ( .03%) Gender: Male 3,650 (98.57%) Female 53 ( 1.43%) Juveniles: Male 71 ( 1.92%) JURISDICTI ONS WITH CAPITAL PUNISHMENT STATUTES : 40 (Underlined jurisdicti .on has statute 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 , Washin~on, Wyoming, U.S. Government, U.S. Military . JURIS DICTI ONS WITH OUT CAPITAL PUNISHMENT STATUTES : 13 Alaska , District of Columbia , Hawaii, Iowa, Maine, Massachusett s, Michigan , Minnesota , North Dakota, Rhode Island, Vennont , West Virginia, Wisconsin. Death Row U.S.A. Page I In the United States Supreme Court Update to Summer 2000 Issue of October Term 1999 Cases and Cases Granted Review in October 2000 Tenn (as of October 25, 2000) Significant Criminal, Habeas, & Other Pending Cases 1. CASES RAISING CONSTITUTIONAL QUESTIONS First Amendment Legal Services Corporation v. Velazquez, No . 99-603 & 99-960 (Congressional limits on funding recipients' legal advocacy) (decision below -
Fordham University School of Law
Fordham University School of Law 2002 When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us By DEBORAH W. DENNO ARTHUR A. MCGIVNEY PROFESSOR OF LAW This paper can be downloaded without charge from the Social Science Research Network electronic library: http://ssrn.com/abstract=1001730 Electronic copy available at: http://ssrn.com/abstract=319340 When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What it Says About Us DEBORAH W. DENNO* This articlediscusses the paradoxicalmotivations and problems behindlegislative changesfrom one method of execution to the next, and particularlymoves from electrocution to lethal injection. Legislatures and courts insist that the primary reasonstates switch execution methods is to ensuregreater humaneness for death row inmates. History shows, however, that such moves were promptedprimarily becausethe deathpenalty itself became constitutionallyjeopardizeddue to a state's particular method The result has been a warped legal "philosophy" of punishment,at times peculiarlyaligning both friends andfoes of the death penalty alike and wrongly enabling legislatures to delegate death to unknowledgeable prisonpersonnel. This articlefirst examines the constitutionalityof electrocution, contendingthat a modern Eighth Amendment analysis ofa rangeoffactors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstratingthat injection also involves unnecessay pain, the risk ofsuch pain, and a loss ofdignity. Thesefailures seem to be attributedto vague lethal injection statutes, uninformedprison personnel,and skeletal or inaccuratelethal injection protocols. The arWcle next presents the author'sstudy ofthe most currentprotocols for lethal injection in all thirty-six states where anesthesiais usedfor a state execution. -
Death Row U.S.A
DEATH ROW U.S.A. Spring 2005 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Director of Research and Student Services, Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Spring 2005 (As of April 1, 2005) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,452 Race of Defendant: White 1,572 (45.54%) Black 1,440 (41.71%) Latino/Latina 359 (10.40%) Native American 40 ( 1.16%) Asian 40 ( 1.16%) Unknown at this issue 1 ( .03%) Gender: Male 3,399 (98.46%) Female 53 ( 1.54%) Juveniles:* Male 72 ( 2.09%) (* NOTE: On March 1, 2005, the U.S. Supreme Court determined in Roper v. Simmons that it is unconstitutional to execute a person for a crime committed when that person was under the age of 18. Only juveniles whose death sentences were vacated by court order or other official action before April 1, 2005 have been removed from the state rosters. The others remain with their names in brackets.) JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 40 (Underlined jurisdiction has statute 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. -
Death Row U.S.A
DEATH ROW U.S.A. Summer 2004 A quarterly report by the Criminal Justice Project of the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins, Esq. Director of Research and Student Services, Criminal Justice Project NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Summer 2004 (As of July 1, 2004) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,490 Race of Defendant: White 1,587 (45.47%) Black 1,467 (42.03%) Latino/Latina 356 (10.20%) Native American 39 ( 1.12%) Asian 40 ( 1.15%) Unknown at this issue 1 ( .03%) Gender: Male 3,438 (98.51%) Female 52 ( 1.49%) Juveniles: Male 79 ( 2.26%) JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 40 (Underlined jurisdiction has statute 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. Death Row U.S.A. Page 1 In the United States Supreme Court Update to Winter 2004 Issue of Significant Criminal, Habeas, & Other Pending Cases for October Term 2003 and Cases to Be Decided in October Term 2004 1. CASES RAISING CONSTITUTIONAL QUESTIONS First Amendment Ashcroft v. American Civil Liberties Union, No. 03-218 (Constitutionality of “Child Online Protection Act”) (decision below 322 F.3d 240 (3rd Cir. -
****Execution Scheduled for January 15, 2020**** in The
Case 1:19-mc-00145-TSC Document 38 Filed 11/08/19 Page 1 of 91 ****EXECUTION SCHEDULED FOR JANUARY 15, 2020**** IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE MATTER OF THE FEDERAL ) BUREAU OF PRISONS’ EXECUTION ) PROTOCOL CASES, ) ) Lead case: Roane et al. v. Barr et al. ) ) ) Case No. 19-mc-00145-TSC ) THIS DOCUMENT RELATES TO: ) ) Lee v. Barr et al., No. 19-cv-2559 ) COMPLAINT OF PLAINTIFF-INTERVENOR DUSTIN LEE HONKEN I. Nature of Action 1. This is a civil action for declaratory and injunctive relief brought by Plaintiff Dustin Lee Honken for (i) violations and threatened violations of his rights pursuant to the Administrative Procedure Act, 5 U.S.C. § 551 et seq. (“APA”); (ii) violations and threatened violations of his right to due process under the Fifth Amendment to the United States Constitution; (iii) violations and threatened violations of his right to be free from cruel and unusual punishment under the Eighth Amendment to the Constitution; and (iv) violations and threatened violations of his right to access to counsel under the First, Fifth and Sixth Amendments of the Constitution. 2. Plaintiff has been sentenced to death under federal law. Defendants are the Case 1:19-mc-00145-TSC Document 38 Filed 11/08/19 Page 2 of 91 individuals charged by the federal government with carrying out the death sentences of Plaintiff and similarly situated federal prisoners. On July 25, 2019, the United States Department of Justice (“DOJ”) announced that Plaintiff’s execution will be implemented through the Federal Bureau of Prisons’ (“BOP”) new lethal injection method, which replaces a three-drug combination with the injection of a single drug: pentobarbital.1 As alleged in more detail below, the 2019 Protocol violates Plaintiff’s constitutional rights and the APA. -
When Legislatures Delegate Death: the Troubling Paradox Behind State Uses of Electocution and Lethal Injection and What It Says
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What it Says About Us DEBORAH W. DENNO* This articlediscusses the paradoxicalmotivations and problems behindlegislative changesfrom one method of execution to the next, and particularlymoves from electrocution to lethal injection. Legislatures and courts insist that the primary reasonstates switch execution methods is to ensuregreater humaneness for death row inmates. History shows, however, that such moves were promptedprimarily becausethe deathpenalty itself became constitutionallyjeopardizeddue to a state's particular method The result has been a warped legal "philosophy" of punishment,at times peculiarlyaligning both friends andfoes of the death penalty alike and wrongly enabling legislatures to delegate death to unknowledgeable prisonpersonnel. This articlefirst examines the constitutionalityof electrocution, contendingthat a modern Eighth Amendment analysis ofa rangeoffactors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstratingthat injection also involves unnecessay pain, the risk ofsuch pain, and a loss ofdignity. Thesefailures seem to be attributedto vague lethal injection statutes, uninformedprison personnel,and skeletal or inaccuratelethal injection protocols. The arWcle next presents the author'sstudy ofthe most currentprotocols for lethal injection in all thirty-six states where anesthesiais usedfor a state execution. The study focuses on a number ofcriteria contained in many protocols that are key to applying an injection, including: the types and amounts of chemicals that are injected; the selection, training, preparation, and qualifications of the lethal * Professor of Law, Fordham University School of Law. B.A., University of Virginia, 1974; M.A., University of Toronto, 1975; Ph.D., University of Pennsylvania, 1982; J.D., University of Pennsylvania, 1989.