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DEATH ROW U.S.A. Fall 2014 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. Fall 2014 (As of October 1, 2014) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 3,035 Race of Defendant: White 1,305 (43.00%) Black 1,267 (41.75%) Latino/Latina 385 (12.69%) Native American 31 (1.02%) Asian 46 (1.52%) Unknown at this issue 1 (0.03%) Gender: Male 2,978 (98.12%) Female 57 (1.88%) 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 [see note below], Massachusetts, Michigan, Minnesota, New Jersey, New Mexico [see note below], New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. [NOTE: Connecticut, Maryland and New Mexico repealed the death penalty prospectively.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 Summer 2014 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. United States, No. 13-983 (First Amendment and conviction of threat) (decision below: 730 F.3d 321 (3rd Cir. 2013)) Question Presented: Consistent with the 1st Amendment and Virginia v. Black, 538 U.S. 343 (2003), does conviction of threatening another person require proof of the defendant's subjective intent to threaten, as required by the 9th Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or is it enough to show that a "reasonable person" would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort? (See also Cases Raising Other Important Federal Questions, below) Fourth Amendment Heien v. North Carolina, No. 13-604 (Traffic stop on police officer’s mistake) (decision below 737 S.E.2d 361 (NC 2013)) Question Presented: Does a police officer's mistake of law provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop? United States v. Wurie, No. 13-212 (Warrantless review of cell phone log) (decision below 728 F.3d 1 (1st Cir. 2013)) Question Presented: Does the 4th Amendment permit the police, without obtaining a warrant, to review the call log of a cell phone found on a person who has been lawfully arrested? 2. CASES RAISING HABEAS CORPUS QUESTIONS Jennings v. Stephens, No. 13-7211 (Certificate of appealability for a rejected portion of a claim on which habeas relief was granted) (decision below 537 Fed.Appx. 326 (5th Cir. 2013)) Question Presented: Did the 5th Circuit err in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must file a separate notice of appeal and motion for a certificate of appealability to raise an allegation of deficient performance that the district court rejected even though the 5th Circuit acquired jurisdiction over the entire claim as a result of the respondent's appeal? 3. CASES RAISING OTHER IMPORTANT FEDERAL QUESTIONS Elonis v. United States, No. 13-983 (First Amendment and conviction of threat) (decision below: 730 F.3d 321 (3rd Cir. 2013)) Question Presented (Raised by the Court): (2) As a matter of statutory interpretation, does conviction of threatening another person under 18 U.S.C. §875(c) require proof of the defendant’s subjective intent to threaten? (See also First Amendment cases, above) Death Row U.S.A. Page 2 Holt v. Hobbs, No. 13-6827 (Prison beard policy and religious freedom statute) (decision below 509 Fed.Appx. 561 (8th Cir. 2013)) Question Presented: Does the Arkansas DOC’s grooming policy violate the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. §2000cc et sec., to the extent that it prohibits the petitioner from growing a ½ inch beard in accordance with his religious beliefs? Johnson v. United States, No. 13-7120 (Definition of “violent felony”) (decision below 526 Fed.Appx. 708 (8th Cir. 2013)) Question Presented: Should mere possession of a short-barreled shotgun be treated as a violent felony under the armed career criminal act? Whitfield v. United States No. 13-9026 (Interpretation of forced accompaniment) (decision below 695 F.3d 288 (4th Cir. 2013)) Question Presented: Does 18 U.S.C. §2113(e)'s forced-accompaniment offense require proof of more than a de minimis movement of the victim? Yates v. United States, No. 13-7451 (Construction of federal criminal statute) (decision below 733 F.3d 1059 (11th Cir. 2013)) Question Presented: Was the defendant deprived of fair notice that destruction of fish would fall within the purview of 18 U.S.C. §1519, where the term "tangible object" is ambiguous and undefined in the statute, and unlike the nouns accompanying "tangible object" in section 1519, possesses no record-keeping, documentary, or informational content or purpose? Death Row U.S.A. Page 3 As of October 1, 2014 Total number of executions since the 1976 reinstatement of capital punishment: 1389 Race of defendants executed Race of victims total number 1389 total number 2041 White 776 (55.87%) White 1551 (75.99%) Black 481 (34.63%) Black 310 (15.19%) Latino/a 109 (7.85%) Latin 135 (6.61%) Native American 16 (1.15%) Native American 5 (0.24%) Asian 7 (0.50%) Asian 40 (1.96%) Gender of defendants executed Gender of victims Female 15 (1.08%) Female 1000 (49.00%) Male 1374 (98.92%) Male 1041 (51.00%) Defendant-victim racial combinations White Victim Black Victim Latino/a Victim Asian Victim Native American Victim White Defendant 719 51.76% 20 1.44% 17 1.22% 6 0.43% 0 0% Black Defendant 275 19.80% 159 11.45% 20 1.44% 15 1.08% 0 0% Latino/a Defendant 47 3.38% 3 0.22% 53 3.82% 2 0.14% 0 0% Asian Defendant 2 0.14% 0 0% 0 0% 5 0.36% 0 0% Native Amer. Def. 14 1.01% 0 0% 0 0% 0 0% 2 0.14% TOTAL: 1057 76.10% 182 13.10% 90 6.48% 28 2.02% 2 0.14% Note: In addition, there were 30 defendants executed for the murders of multiple victims of different races. Of those, 16 defendants were white, 10 black and 4 Latino. (2.16%) Death Row U.S.A. Page 4 Execution Breakdown by State State # % of Racial Combinations (see codes Total below) 1. TX 517 37.22 209 W/W (40%); 103 B/W (20%); 61 B/B (12%); 47 L/L 26* 13# 6^ (9%); 39 L/W (8%); 18 B/L (3%); 12 W/L, 9 B/A ( 2% each); 3 W/B, 3 W/mix (.6% each); 2 L/B, 2 L/A, 2 A/A, 2 N/W, 2 W/A, 2 B/mix (.4% each); 1 L/mix (.2%) 2. OK 111 7.99 61 W/W (55%); 17 B/W (15%); 13 B/B (12%); 5 N/W (5%); 3 7* 2# 3^ W/A (3%); 2 W/B, 2 B/A, 2 A/A, 2 W/mix (2% each); 1 N/N, 1 W/L, 1 B/L, 1 L/L (.9% each) 3. VA 110 7.92 48 W/W (44%); 35 B/W (32%); 13 B/B (12%); 4 W/B (4%); 3 10* 3# 1^ W/mix (3%); 2 L/W (2%); 1 B/L, 1 B/A, 1 W/A, 1 A/W, 1 B/mix (.9% each) 4. FL 88 6.34 50 W/W (57%); 18 B/W (20%); 7 B/B (8%); 3 L/W (3%); 2 10* 2^ L/L, 2 W/mix, 2 B/mix, (2% each); 1 N/W, 1 L/B, 1 W/L, 1 L/mix (1% each) 5. MO 78 5.62 46 W/W (59%); 15 B/B, 15 B/W (19% each); 1 N/W, 1 W/B 5* 1# (1% each) 6. AL 56 4.03 30 W/W (54%); 17 B/W (30%); 8 B/B (14%); 1 W/B (2%) 6* 1^ 7. GA 54 3.89 36 W/W (67%); 13 B/W (24%); 5 B/B (9%) 2# 8. OH 53 3.82 31 W/W (58%); 8 B/W, 8 B/B (15% each); 2 W/mix, 2 B/mix 6* (4%); 1 B/A, 1 W/B (2% each) 9. NC 43 3.10 28 W/W (65%); 7 B/B (16%); 6 B/W (14%); 1 W/B, 1 N/N 4* 1^ (2% each) 10. SC 43 3.10 20 W/W (47%); 11 B/W (26%); 5 W/B (12%); 4 B/B (9%); 2 10* 1# W/mix (5%); 1 B/A (2%) 11. AZ 37 2.66 27 W/W (73%); 3 L/L (8%); 2 N/W (5%); 1 B/W, 1 L/W, 1 5* W/L, 1 W/mix, 1 L/mix (3% each) 12. LA 28 2.02 15 W/W (54%); 8 B/W (29%); 5 B/B (18%) 1* 1# 13. AR 27 1.94 19 W/W (70%); 4 B/W (15%); 3 B/B (11%); 1 L/W (4%) 4* 1^ 14.
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