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Dath Row. V.S.A N,, OB;. Suite 1600 NAACP LEGAL DEFENSE 99 Hudson Street 111F AND EDUCATIONAL FUND, INC. New York, N.Y. 10013 (212) 219-1900 Fax: (212) 226-7592 Sumner 1992 DATH ROW. V.S.A. TOTAL NUMBER OF DEATE ROW INNATES KpN TO LDF: 2616 Race of Defendant: White 1313 (50.19%) Black 1026 (39.22%) Hispanic 190 (7.27%) Native American 48 (1.83%) Asian 18 ( .68%) Unknown at this issue 21 ( .80%) Sex: Male 2572 (98.32%) Female 44 ( 1.68%) DISPOSITIONS SINCE JANUARY 1, 1973: Executions: 179 Suicides: 35 Commutations: 58 (including those by the Governor of Texas resulting from favorable court decisions) Died of natural causes, or killed while under death sentence: 61 Convictions/Sentences reversed: 1215 JURISDICTIONS WITE CAPITAL PUNISMENT STATUTES: (Underlined jurisdictions have statutes but no sentences imposed) Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hamyshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Government, U.S. Military. JURISDICTIONS WITEOUT CAPITAL PUNISENENT STATUTES: Alaska, District of Columbia, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. Co Mra The NAACP LegalDe-nse & IF.caooal Ftmd, bc. (LDF) it motpart Sstt 301 Suite Ma dcé.cri.oe U.S. of the Natisonl Associatm for dte Advanc-ment of Colored Peope 1275K Street. NV/ 315West Nmht Street icot fax pssqoe. (NAACP) aitbouh LDF wu foumdedby ih NAACP sd sitaes ita Waskzugto. DC MM LatsAnigele.~ CA uiui conmuStmet equal igha. LDOb ba d for over 30 yean a separate (202)682-1300 (213) 624-M Board, progra. sufF offse sud budgt. Fax: (20)662-IM1 Fax:(213)624-M IN THE U.S. SUPREME COURT CASES DECIDED OCTOBER 1991 TERM A. Capital Cases Morgan v. Illinois (No. 91-5118), Iî2 S.Ct. 2222, 119 L.Ed.2d 492, 60 EsDinosa v. Florida (No. 91- U LW 4541 (June 15, 1992). 7390)112 S.Ct. 2926, 60 USLW 3877 Illinois trial court held to (June 29, 1992). Presuming jury violate due process by refusing to found invalid aggravating factor ask potential jurors, on voir dire (vague heinous, atrocious and cruel in capital case, whether they would instruction), trial court automatically impose death penalty indirectly weighed the invalid if defendant was convicted. aggravating factor by giving "great weight" to jury's recommendation of Sochor v. Florida (No. 91-5843), death. Eighth amendment violated 112 S.Ct. 2114, 119 L.Ed.2d 326, 60 whether trial court directly or USLW 4486 (June 8, 1992). Florida indirectly considered invalid trial judge's improper weighing in aggravating factor. capital sentencing hearing of aggravating factor not supported by Medina v. California (No. 90-8370), evidence, in violation of eighth 112 S.Ct. 2572, 60 USLW 4684 (June amendment, held not cured by state 22, 1992). The Due Process Clause appellate review. permits a State to require that a defendant claiming incompetence to Coleman v. Thompson (No. 91-8336), stand trial bear the burden of 112 S.Ct. 1845, 119 L.Ed.2d 1, 60 proving so by a preponderance of USLW 3796 (May 20, 1992). Per the evidence; the presumption of Curiam. Application for stay of competence does hot violate due execution denied where Federal process. District Court found that alleged exculpatory evidence produced by Sawyer v. Whitley (No. 91-6382), defense did not amount to colorable 112 S.Ct. 2514, 60 USLW 4655 (June claim of innocence. 22, 1992). To show "actual innocence" of the death penalty, Riqqins v. Nevada (No. 90-8466), one must show by clear and 112 S.Ct. 1810, 118 L.Ed.2d 479, 60 convincing evidence that but for a USLW 4374 (May 18, 1992). Nevada constitutional error, no reasonable court's judgment upholding juror would have found petitioner conviction reversed and remanded, eligible for the death penalty where defendant claimed that forced under applicable state law; administration of anti-psychotic petitioner failed to show he is drug during trial violated rights actually innocent of death penalty under sixth and fourteenth to which he has been sentenced. amendments. B. Non-Capital Cases "deliberately" and might be dangerous in future, and afford no Wright v. West (No. 91-542), 112 other basis for taking youth into S.Ct. 2482, 60 USLW 4639 (June 19, account? (2) May state similarly 1992). Regardless of whether a limit jury's consideration of such federal habeas court should review defendant's positive character and state court application of law to unfortunate circumstances of his fact deferentially of de noY, the family background? trial court record contains more than enough evidence to support Richmond v. Lewis (No. 91-7094), West's conviction. 12 S.Ct. 1557, 118 L.Ed.2d. 206, 6 -USLW 3673 (cert. gramted March Georgia v. McCollum (No. 91-372), 30, 1992). Questions presented: 112 S.Ct. 2348, 60 USLW 4574 (June (1) Whether petitioner's death 18, 1992). The Constitution sentence contravenes the Eighth and prohibits a criminal defendant from Fourteenth Amendments because it engaging in purposeful was upheld by the Arizona Supreme discrimination on the ground of Court on the basis of an race in the exercise of peremptory application of Arizona's challenges. "especially heinous, atrocious or cruel" aggravating circumstance Keeney v. Tamayo-Reves (No. 90- which either extends the 1859), 112 S.Ct. 1715, 118 L.Ed.2d circumstance to a set of facts that 318, 60 USLW 4339 (May 4, 1992). no rational factfinder could Federal habeas corpus petitioner, conclude fall within it or seeking evidentiary hearing on arbitrarily assumes a set of facts claim that material facts were not that no actual factfinder has ever adequately developed in state found in this case. (2) Whether a proceedings, held generally federal habeas corpus court may required to show (1) cause for apply a rule of "automatic failure te develop facts, and (2) affirmance" to a death sentence prejudice resulting from such which was based on both failure. constitutional and unconstitutional aggravating circumstances, when the CASES TO BE DECIDED law of the state that imposed the sentence requires the sentencer to October 1992 Term weigh these aggravating circumstances against the A. Capital Cases mitigating circumstance in determining the penalty. Graham v. Collins (No. 91-7580), 112 S.Ct. 2937, 60 USLW 3827 (cert. Herrera v. Collins (No. 91-7328), granted June 8, 1992). Questions 112 S.Ct. 1074, 117 L.Ed.2d 279, 60 presented: (1) May state limit USLW 3577 (cert. granted February capital sentencing jury's 19, 1992). Questions presented: consideration of 17-year-old (1) Does it violate Eighth and defendant's youth, recognized Fourteenth Amendments to execute a repeatedly by this court as person who has been convicted of powerful mitigating factor, to murder but who is innocent? answering whether he acted (2) If so, must state courts (2) In case in which premise of provide meaningful mechanism for Fifth Amendment ruling is finding hearing claims of actual innocence of Miranda violation, and in death penalty cases? (3) What petitioner has had one full and procedures are necessary in federal fair opportunity to raise Miranda court for adjudicating claims of claim in state court, should actual innocence in death penalty collateral review of same claim on cases? habeas corpus petition be precluded? (3) If collateral review is available in such case, is B. NON-CAPITAL CASES c nfession following warnings iîvoluntary merely bectuse police Brecht v. Abrahamson (No. 91-7358), indicate possibility of lenient 112 S.Ct. 2937, 60 USLW 3827 (cert. treatment if accused tells truth, granted June 8, 1992). Question and would adoption of such rule on presented: When considering habeas corpus violate principles of violations of Dovle v. Ohio, 426 Sawver v. Smith, 497 U.S. 227 U.S. 610 (1976), in federal habeas (1990), and Teaaue v. Lane, 489 corpus proceedings, is it U.S. 288 (1989)? consistent with constitutional due process and Sixth Amendment right to trial by jury to abandon standard of review of whether constitutional error was harmless beyond a reasonable doubt and substitute standard of whether error substantially affected course of trial? Withrow v. Williams (No. 91-1030), 112 S.Ct. 1664, 60 USLW 3708 (cert. granted April 20, 1992). Questions presented: (1) Do federal courts on habeas corpus review of state court convictions have jurisdiction to find habeas petitioner's statement involuntary, in case in which sole Fifth Amendment issue raised in state court, and in habeas petition, was whether statement was admitted in violation of prophylactic Miranda rules, state court having found that Additions or corrections, contact petitioner was not in custody? Karima Wicks Execution Update Total executions to date (7-30-92) since the 1976 reinstatement of capital punishment (there were no executions in 1976): 179 '77 '78 '79 '80 '81 '82- '83 '84 '85 '86 '87 '88 '89 '90 '91 '92 1 0 2 0 1 2 5 21 18 -18 25 11 16 23 14 22 Sex of Defendants Executed Sel of Victims total number 179 total number 232 Female ............... 1 ( .55%) Female ............. 110 (47.41%) Male .......... 178 (99.44%) Male .......... 122 (52.58%) Race of Defendants Executed Race of VictiEs White .............. 100 (55.86%) White ............... 196 (84.48%) Black ............... 68 (37.98%) Black ............... 29 (12.50%) Hispanic ............ 10 (5.58%) Hispanic ............ 4 ( 1.72%) Native American ...... 1 ( .55%) Asian ............... 3 ( 1.29%) Defendant-Victim Racial Combinations White Defendant and White Victim ............................. 132 (56.90%) Black Victim ..................... 1 ( .43%) Black Defendant and White Victim .............................. 56 (24.14%) Black Victim .................... 28 (12.07%) Asian Victim ..........
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