National Coalition to Abolish the Death Penalty; Records Apap298
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Here Is a “Policy” Or “Custom” When There Was Significant Evidence of Brady Violations by the Orleans Parish District Attorney in This and Many Other Cases
No. _________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- EARL TRUVIA; GREGORY BRIGHT, Petitioners, v. HARRY F. CONNICK, in his capacity as District Attorney for the Parish of Orleans; GEORGE HEATH, Detective, Individually and in his official capacity as Officer of the City of New Orleans Police Department; JOSEPH MICELI, Individually and in his official capacity as Officer of the City of New Orleans Police Department; THE CITY OF NEW ORLEANS; EDDIE JORDAN, Respondents. --------------------------------- --------------------------------- On Petition For Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit --------------------------------- --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- --------------------------------- ERWIN CHEMERINSKY PHILLIP E. FRIDUSS Counsel of Record LANDRUM, FRIDUSS UNIVERSITY OF & ASH, LLC CALIFORNIA, IRVINE 8681 Highway 92 SCHOOL OF LAW Suite 400 401 E. Peltason Woodstock, Georgia 30189 Irvine, California 92697-8000 (678) 384-3012 (949) 824-7722 [email protected] [email protected] ROBIN BRYAN CHEATHAM WILLIAM T. MITCHELL ADAMS & REESE, LLP MICHAEL HOFFER One Shell Square CRUSER & MITCHELL, LLP 701 Poydras St., Suite 4500 275 Scientific Dr. New Orleans, Louisiana 70139 Suite 2000 (504) 581-3234 Norcross, Georgia 30092 [email protected] (404) 881-2622 [email protected] [email protected] -
Read Our Full Report, Death in Florida, Now
USA DEATH IN FLORIDA GOVERNOR REMOVES PROSECUTOR FOR NOT SEEKING DEATH SENTENCES; FIRST EXECUTION IN 18 MONTHS LOOMS Amnesty International Publications First published on 21 August 2017 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2017 Index: AMR 51/6736/2017 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 3 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations Table of Contents Summary ..................................................................................................................... 1 ‘Bold, positive change’ not allowed ................................................................................ -
Prosecutors' Perspective on California's Death Penalty
California District Attorneys Association Prosecutors' Perspective on California's Death Penalty Produced in collaboration with the Criminal Justice Legal Foundation MARCH 2003 GILBERT G. OTERO LAWRENCE G. BROWN President Executive Director Prosecutors' Perspective on California's Death Penalty MARCH 2003 CDAA BOARD OF DIRECTORS OFFICERS DIRECTORS PRESIDENT John Paul Bernardi, Los Angeles County Gilbert G. Otero Imperial County Cregor G. Datig, Riverside County SECOND VICE-PRESIDENT Bradford Fenocchio, Placer County David W. Paulson Solano County James P. Fox, San Mateo County SECRETARY-TREASURER Ed Jagels, Kern County Jan Scully Sacramento County Ernest J. LiCalsi, Madera County SERGEANT-AT-ARMS Martin T. Murray, San Mateo County Gerald Shea San Luis Obispo County Rolanda Pierre Dixon, Santa Clara County PAST PRESIDENT Frank J. Vanella, San Bernardino County Gordon Spencer Merced County Terry Wiley, Alameda County Acknowledgments The research and preparation of this document required the effort, skill, and collaboration of some of California’s most experienced capital-case prosecutors and talented administration- of-justice attorneys. Deep gratitude is extended to all who assisted. Special recognition is also deserved by CDAA’s Projects Editor, Kaye Bassett, Esq. This paper would not have been possible without the hard work and dedication of the California District Attorneys Association’s Death Penalty White Paper Ad Hoc Committee. CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION DEATH PENALTY WHITE PAPER AD HOC COMMITTEE JIM ANDERSON ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE TAMI R. BOGERT CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION SUSAN BLAKE CRIMINAL JUSTICE LEGAL FOUNDATION LAWRENCE G. BROWN CALIFORNIA DISTRICT ATTORNEYS ASSOCIATION WARD A. CAMPBELL CALIFORNIA ATTORNEY GENERAL’S OFFICE BRENDA DALY SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE DANE GILLETTE CALIFORNIA ATTORNEY GENERAL’S OFFICE DAVID R. -
Reason #1 to Support a National Moratorium on Executions
Reason #1 to Support a National Moratorium on Executions The National Death Penalty System is Seriously Flawed Resulting in Wrongful Convictions and Death Sentences • More than two out of every three capital judgments reviewed by the courts during a 23-year period were seriously flawed. Experts reviewed all the capital cases and appeals imposed in the United States between 1973 and 1995 at the state and federal levels. They found a national error rate of 68%. In other words, over two-thirds of all capital convictions and sentences are reversed because of serious error during trial or sentencing. This does not include errors that were not serious enough to warrant a reversal. • The federal government would not tolerate an error rate of 68% for any other government function - such as product safety or processing social security claims. Yet it allows this margin of error in the system that can take a person’s life. Only a moratorium puts an immediate halt to the risk of an innocent person being executed. • The error rate for capital cases is much higher than for other types of cases. At the direct appeal stage, serious or reversible error is detected in about 12 to 20% of the non-capital criminal cases that are appealed. • High error rates exist throughout the country and are not limited to certain states. Over 90% of states that have the death penalty have error rates of 52% or higher. 85% have error rates of 60% or higher. Three- fifths have error rates of 70% or higher. This is not an isolated problem but is universal in all death penalty states. -
2017-1608 Petition 68098.Pdf
Filing #61228839E-Filed08/31/201706:42:25PM RECEIVED, 08/31/201706:43:31 PM,Clerk,Supreme Court APPENDIX A University of Colorado at Boulder Department of sociology Ketchum 173 Michael L. Radelet 327 UCB Professor Boulder, Colorado 803094327 (303) 735-5811 Direct 932 2 8878 °'°'ª ° °ªª Affidavit ofMichael L. Radelet State of Colorado, County of Boulder The undersigned, Michael L. Radelet, hereby declares under penalty ofperjury: 1. I received a Ph.D. in sociology from Purdue University in 1977. After two years of postdoctoral training in Psychiatry at the University ofWisconsin Medical School, Ijoined the faculty at the University ofFlorida in 1979. After twenty-two years ofservice at that university (including the last five as Chair, Department of Sociology), I moved to the University of Colorado in September 2001 as a tenured Professor of Sociology, a position I still retain. I served as the Chair ofthe Sociology Department at the University of Colorado from 2004-2009. 2. Since 1981 I have published six books and six dozen scholarly papers, in the nation's top sociology, criminology, and lawjournals, relating to various aspects of capital punishment. See, for example, Miscarriages ofJustice in Potentially Capital Cases, 40 STANFORD LAW REVIEW 21-179 (1987); FACING THE DEATHPENALTY (Temple University Press, 1989); Choosing Those Who WillDie: Race and the Death Penalty in Florida, 43 FLORIDA LAW REVIEW 1-34 (1991); IN SPITE OF INNOCENCE (Northeastern University Press, 1992); EXECUTING 2 THE MENTALLY ILL (Sage Publications, 1993); THE HISTORY OF THE DEATH PENALTY IN COLORADO (University Press of Colorado, 2017). I have also testified on issues relating to the death penalty before committees ofthe U.S. -
Capital Punishment and the Judicial Process 00 Coyne 4E Final 6/6/12 2:50 PM Page Ii
00 coyne 4e final 6/6/12 2:50 PM Page i Capital Punishment and the Judicial Process 00 coyne 4e final 6/6/12 2:50 PM Page ii Carolina Academic Press Law Advisory Board ❦ Gary J. Simson, Chairman Dean, Mercer University School of Law Raj Bhala University of Kansas School of Law Davison M. Douglas Dean, William and Mary Law School Paul Finkelman Albany Law School Robert M. Jarvis Shepard Broad Law Center Nova Southeastern University Vincent R. Johnson St. Mary’s University School of Law Peter Nicolas University of Washington School of Law Michael A. Olivas University of Houston Law Center Kenneth L. Port William Mitchell College of Law H. Jefferson Powell The George Washington University Law School Michael P. Scharf Case Western Reserve University School of Law Peter M. Shane Michael E. Moritz College of Law The Ohio State University 00 coyne 4e final 6/6/12 2:50 PM Page iii Capital Punishment and the Judicial Process fourth edition Randall Coyne Frank Elkouri and Edna Asper Elkouri Professor of Law University of Oklahoma College of Law Lyn Entzeroth Professor of Law and Associate Dean for Academic Affairs University of Tulsa College of Law Carolina Academic Press Durham, North Carolina 00 coyne 4e final 6/6/12 2:50 PM Page iv Copyright © 2012 Randall Coyne, Lyn Entzeroth All Rights Reserved ISBN: 978-1-59460-895-7 LCCN: 2012937426 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America 00 coyne 4e final 6/6/12 2:50 PM Page v Summary of Contents Table of Cases xxiii Table of Prisoners xxix List of Web Addresses xxxv Preface to the Fourth Edition xxxvii Preface to the Third Edition xxxix Preface to the Second Edition xli Preface to the First Edition xliii Acknowledgments xlv Chapter 1 • The Great Debate Over Capital Punishment 3 A. -
Read the Case Summaries
Reasonable Doubts: Is the U.S. Executing Innocent People? October 26, 2000 A Preliminary Report of the GRASSROOTS INVESTIGATION PROJECT Quixote Center Pursuing justice, peace, and equality P.O Box 5206, Hyattsville, MD 20722 301-699-0042 / [fax] 301-864-2182 / www.quixote.org / [email protected] Table of Contents I. Acknowledgements II. Introduction III. Methodology IV. Findings V. Conclusion VI. Recommendations VII. The Case Summaries Alabama Brian K. Baldwin Cornelius Singleton Freddie Lee Wright California Thomas M. Thompson Florida James Adams Willie Jasper Darden, Jr. Jesse J. Tafero Illinois Girvies Davis Missouri Larry Griffin Roy Michael Roberts Texas Odell Barnes, Jr. Robert Nelson Drew Gary Graham (aka Shaka Sankofa) Richard Wayne Jones Frank Basil McFarland 1 Virginia Roger Keith Coleman VIII. Appendices – Case Charts Brian K. Baldwin Cornelius Singleton Freddie Lee Wright Thomas M. Thompson James Adams Willie Jasper Darden, Jr. Jesse J. Tafero Girvies Davis Larry Griffin Roy Michael Roberts Odell Barnes, Jr. Robert Nelson Drew Gary Graham (aka Shaka Sankofa) Richard Wayne Jones Frank Basil McFarland Roger Keith Coleman 2 Acknowledgements Equal Justice USA would like to express its utmost gratitude to Claudia Whitman, who had the idea, the passion, and the brilliance to see this project from inception to conclusion. We thank Lisa Kois, Esq. for her assistance in drafting the report, and David Hammond, Esq. who assisted with research. We also thank the many people throughout the country who have given their time and talents to the project, including: Rob Owen, Rob Warden, Micki Dickoff, Rita Barker, Bill Lofquist, Bruce Livingston, Kent Gipson, Margaret Vandiver, Mike Radelet, Esther Brown, Judy Cumbee, Jill Keefe, Laird Carlson, Barbara Taylor, Matt Holder, Dawn Dye, Bob and Marie Long, Grace Bolden, and Wendy Fancher. -
FLORIDA DEATH CASES WHERE NON-STATUTORY MITIGATORS WERE FOUND a Chronological List, by Date of Sentence
FLORIDA DEATH CASES WHERE NON-STATUTORY MITIGATORS WERE FOUND A Chronological List, by Date of Sentence This update: 8/6/15; 265 pages Compiled by: Theresa E. Farley, Research Assistant to: Dr. Michael Radelet, Professor Department of Sociology, University of Colorado Campus Box 483, IBS Boulder, Colorado 80309 303-735-5811 (office) * * * * * * * Defendant's name: WILLIE DARDEN Sentenced to death on 01/19/74 in Citrus County Trial Counsel: RAYMOND TODD GOODWILL (public defender) Trial judge JOHN DEWELL found 2 non-statutory mitigators: Good prison record from previous incarcerations Unwavering declaration of innocence * * * * * * * Defendant's name: THOMAS HALLIWELL Sentenced to death on 05/03/74 Hillsborough County Trial Counsel: JAMES S. PARHAM (privately retained) FSC on direct appeal found mitigating factors that trial judge HERBOTH S. RYDER failed to find including 2 non-statutory: Highly decorated Green Beret in Vietnam war Under emotional strain over the mistreatment of Sandra Tresch and was greatly influenced by her * * * * * * * Defendant's name : FRANZ PETER BUCKREM Sentenced to death on 05/15/75 in Sarasota County Trial Counsel: GALE K. GREENE (privately retained) 1 FSC on direct appeal found mitigating factors that trial judge ROY E. DEAN failed to find including 3 non-statutory: Drinking the night the homicide was committed Previous altercation with victim and was obviously disturbed Was gainfully employed * * * * * * * Defendant's name: GLEN MARTIN Sentenced to death on 10/10/75 in Volusia County Trial Counsel: LOUIS OSSINSKY (privately retained) Trial judge URIEL BLOUNT found 1 non-statutory mitigator: Suffers from sickle cell anemia * * * * * * * Defendant's name : RODNEY MALLOY Sentenced to death on 05/01/76 in Polk County Trial Counsel: DENNIS MALONEY (public defender) FSC on direct appeal found a basis for jury recommendation of life that Trial Judge ROY E. -
In the Supreme Court of Florida No. Sc
Electronically Filed 06/26/2013 02:24:18 PM ET RECEIVED, 6/26/2013 14:28:31, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA NO. SC-_____ DANE P. ABDOOL, CLEMENTE JAVIER AGUIRRE-JARQUIN, LLOYD CHASE ALLEN, ANDREW R. ALLRED, JOSHUA L. ALTERSBERGER, CHARLES ANDERSON, FRED ANDERSON, JR., RICHARD ANDERSON, GUILLERMO O. ARBELAEZ, LANCELOT ARMSTRONG, JEFFREY LEE ATWATER, CORNELIUS BAKER, JAMES BARNES, ARTHUR BARNHILL, KAYLE BATES, BRETT A. BOGLE, LUCIOUS BOYD, HARREL F. BRADDY, CHARLES G. BRANT, PAUL BROWN, DANIEL BURNS, HARRY LEE BUTLER, JOHN M. BUZIA, MILFORD WADE BYRD, LUIS CABALLERO, LORAN COLE, DANIEL CONAHAN, JERRY CORRELL, ALLEN COX, WILLIE CRAIN, JAMES DAILEY, DOLAN DARLING, EDDIE WAYNE DAVIS, LABRANT D. DENNIS, WILLIAM DEPARVINE, KENNETH DESSAURE, JOEL DIAZ, JAMES AREN DUCKETT, DONALD W. DUFOUR, DWIGHT T. EAGLIN, TERRY M. ELLERBEE JR., RICHARD ENGLAND, PAUL EVANS, STEVEN EVANS, WYDELL EVANS, ANTHONY J. FARINA, MICHAEL FITZPATRICK, FRANKLIN D. FLOYD, MAURICE FLOYD, KEVIN FOSTER, KONSTANTIN FOTOPOULOS, DAVID FRANCES, CARLTON FRANCIS, GUY GAMBLE, LOUIS GASKIN, MICHAEL ALLEN GRIFFIN, MICHAEL J. GRIFFIN, THOMAS GUDINAS, JERRY LEON HALIBURTON, DONTE HALL, ENOCH HALL, FREDDIE HALL, JOHN HAMPTON, PATRICK HANNON, WILLIAM HAPP, JOHN HARDWICK, STEVEN DOUGLAS HAYWARD, PEDRO HERNANDEZ-ALBERTO, JUSTIN HEYNE, PAUL CHRISTOPHER HILDWIN, JAMES HITCHCOCK, JOHNNY HOSKINS, GERHARD HOJAN, JOHN HUGGINS, JEROME HUNTER, CONNIE ISRAEL, ETHERIA V. JACKSON, RAY JACKSON, SONNY JEFFRIES, BRANDY JENNINGS, EMANUEL JOHNSON, RICHARD A. JOHNSON, RAY JOHNSTON, CLARENCE J. JONES, RANDAL JONES, VICTOR TONY JONES, BILLY KEARSE, DEAN KILGORE, DARIUS KIMBROUGH, MICHAEL KING, RICHARD KNIGHT, RONALD KNIGHT, GENGHIS KOCAKER, WILLIAM M. KOPSHO, ANTON KRAWCZUK, CARY MICHAEL LAMBRIX, IAN DECO LIGHTBOURNE, HAROLD LUCAS, RICHARD E. -
Panel on Prosecutorial Immunity: Deconstructing Connick V. Thompson Dane Ciolino
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2012 Panel on Prosecutorial Immunity: Deconstructing Connick v. Thompson Dane Ciolino Gary Clements Bennett L. Gershman Adam M. Gershowitz William & Mary Law School, [email protected] Kathleen Ridolfi See next page for additional authors Repository Citation Ciolino, Dane; Clements, Gary; Gershman, Bennett L.; Gershowitz, Adam M.; Ridolfi, Kathleen; Wiseman, Samuel R.; and Singer, Stephen, "Panel on Prosecutorial Immunity: Deconstructing Connick v. Thompson" (2012). Faculty Publications. 1550. https://scholarship.law.wm.edu/facpubs/1550 Copyright c 2012 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs Authors Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, and Stephen Singer This conference proceeding is available at William & Mary Law School Scholarship Repository: https://scholarship.law.wm.edu/ facpubs/1550 PANEL ON PROSECUTORIAL IMMUNITY: DECONSTRUCTING CONNICK V. THOMPSON In November 2011, the Journal hosted a symposium on prosecutorialimmunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journalfelt that it would be fitting to include it in its spring volume. PROFESSOR DANE CIOLINo, LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW (MODERATOR): Okay. -
Death by Discrimination - the Continuing Role of Race in Capital Cases
TABLE OF CONTENTS Introduction....................................................................................................................1 The McCleskey obstacle.................................................................................................2 The evidence of bias continues to mount.......................................................................4 North Carolina............................................................................................................6 South Carolina............................................................................................................7 New Jersey.................................................................................................................7 Maryland ....................................................................................................................8 Texas ..........................................................................................................................8 Virginia ......................................................................................................................9 Pennsylvania ............................................................................................................10 Ohio..........................................................................................................................10 Poverty, race, and legal representation........................................................................12 Race, error, and arbitrariness .......................................................................................15 -
DECONSTRUCTING CONNICK V. THOMPSON in November 2011
TRANSCRIPT-THOMPSON.FORMATTED (DO NOT DELETE) 5/16/2012 1:37 PM PRESENTATION BY JOHN THOMPSON1 – PROSECUTORIAL IMMUNITY: DECONSTRUCTING CONNICK V. THOMPSON In November 2011, the Journal hosted a symposium on Prosecutorial Immunity at Loyola University New Orleans College of Law. The symposium included an in depth analysis of Connick v. Thompson. The following transcript consists of John Thompson’s presentation. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional Article, the Journal felt that it would be fitting to include it in its Spring volume. JOHN THOMPSON: Thank you, I wish I could say that I deserve that. Thank you for coming out tonight and hearing my side of the story. Everybody wants to know my side. I had a different seat in this whole ordeal. I had a unique seat, and I heard so many different things just from the few hours I’ve been here. I could imagine what [. .] they were saying from their perspective. I feel like I’m sharing this because this is not John Thompson, it seems like it’s John Thompson right now, because this is my case, but it’s a lot of John Thompsons out there and I believe that’s what gets lost in this whole ordeal. How many more innocent men are in prison? I believe we never think about that. We never think about death row. They tried to kill me, you know. It’s not any malfeasance or nothing, it’s attempted murder, if you look at what the definition of murder is it is premeditated too, because they had a choice.