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DEATI-F ROW, V.SA N01icnaJOfJltt Suite 1600 NAACP LEGAL DEFENSE 99 Hudson Street AND EDUCATIONAL FUND, INC. New York, N.Y. 10013-2897 (212) 219-1900 Fax: (212) 226-7592 Fall 1993 DEATI-f ROW, V.SA TOTAL NUMBEROF DEATH ROW INMATES DOWN TO LDF: 2,785 (As of October, 1993) Race of Defendant: White 1,398 (50.20%) Black 1,102 (39.57%) Latino / Latina 204 ( 7.32%) Native American 49 ( 1. 76%) Asian 19 ( .68%) Unknown at this issue 13 ( .47%) Gender: Male 2,741 (98.42%) Female 44 ( 1.58%) DISPOSITIONS SINCE JANUARY 1, 1973: Executions: 222 Suicides: 37 Commutations: 70 (including those by the Governor of Texas resulting from favorable court decisions) Died of natural causes, or killed while under death sentence: 68 Convictions / Sentences reversed: 1319 JURISDICTIONS WITH CAPITAL PUNISHMENT STATUTES: 38 (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 Hampshire, 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 WITHOUT CAPITAL PUNISHMENT STATUTES: 15 Alaska, District of Columbia, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, New York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin. R'l'-1 Offi,,s C ORtnbvtN)fl,Slift The NAACP lcJ•I DcicOJ<ac Educmon1l fund. Inc (LDF) n no, put Suot<301 Suucn iW.cra!lt/01 L' S ot th<"N :a11onal Auoca ac1on for I.he Advm ccmcnt of Colored Pcoplc 1275K Street. NW 315 Wrn N,nch Suttr Offltlupvrposn (NAACP) 1ltbou~h LDF wu foWMlcdby tbc NAACP •nd 1barcs 111 Wuhing ton, DC 20005 Lo, An~lc1. CA 9001S comm1rmcnt 10 equal r,~bu LDF ha, had for over JO yuu a separa te (202) 682-1300 (213) 624-~ 8o,r J, pro~nm . mff , office and budgct Fa: (202) 682-1312 Fax: (213) 62+0075 \.. IN THE U.S. SUPREME COURT Victor v. Nebraska, 92-8894 Question presented: Did Nebraska CASES TO BE DECIDED Supreme Court err in failing to OCTOBER 1993 TERM reverse trial court's refusal to retroactively apply Cage v. A. Capital Cases Louisiana? Powell v. Nevada, 92-8841 Sandoval v. California, 92-9049 Question Presented: May state Question presented: Was petitioner court decline to apply controlling deprived of due process and fair Fourth Amendment decision of this jury trial by use of court to case pending before it on constitutionally defective direct appeal with impunity, in reasonable doubt jury instructions spite of Griffith v. Kentucky, 479 that invited jury to base its U.S. 314 (1987) verdict on improper "moral" considerations rather than on Simmons v. South Carolina, 92-9059. evidentiary evaluation? Questions presented: (1) Does Eighth Amendment entitle capital Tennessee v. Middlebrooks, 92-989 defendant to have sentencing jury Question presented: Does Eighth informed, as reason not to impose Amendment prohibit sentencer in death penalty, that under state law capital felony-murder prosecution jury's sentencing alternative of from considering as aggravating "life imprisonment" means life circumstance fact that murder was ~ without possibility of parole? (2) committed in perpetration of Did trial court's refusal to inform felony? jury that petitioner could never be paroled if sentenced to life imprisonment violate his due Romano, John Joseph v. Oklahoma, process right to rebut 92-9093. The petition for a writ prosecution's case for death, when of certiorari is granted limited to argued that petitioner .would pose the following question: "Does grave risk to future violence admission of evidence that a unless he was executed, and when capital defendant already has been specifically asked about sentenced to death in another case possibility of parole ? irnpermissibly undermine the sentencing jury's sense of Schiro v. Clark, 92 -7549 responsibility for determining the Question presented: Do double appropriateness of the defendant's jeopardy and collateral estoppel death, in violation of the Eighth prohibit state from proceeding to and Fourteenth Amendments? death penalty phase when jury has acquitted petitioner in guilt phase Stansbury v. California, No93-5770 of offense that state is required Question presented: May a trial to prove beyond reasonable doubt in court determine that a criminal order to sustain death sentence? defendant is not "in custody" for 2 the police officers' subjective and Caspari v. Bohlen. 92-1500 undisclosed conclusion that they Questions presented: (l)Shoul~ did not consider the defendant a Double Jeopardy Clause, which "suspect"? prohibits state from subjecting defendant to successive capital B. - Non-Capital Cases sentencing proceedings, apply to \._. successive capital sentencing J.E.B. v. T.B., No. 92-1239, cert. proceedings, apply to successive granted 53CrL 3037 (May 17, 1993) non-capital sentence enhancement Question presented: Does male proceedings? (2) Does this defendant in paternity action court's decision in Bullington v. brought by the state have right, Missouri expand protection af f orded under Fourteenth Amendment's Equal by Double Jeopardy Clause contrary Protection Clause, to challenge to original intent of clause as state's use of its peremptory jury articulated by framers of strikes to exclude all males from Constitution and beyond traditional jury? protections of clause? Liteky v. United States, No. 92- Reed v. Farley, No. 93-5418, cert. 6921, cert. granted 53 CrL 3059 granted CrL (Nov. 8, 1993) (May 24, 1993). Question Question presented: Did the court presented: Does 28 u.s.c. & of appeals err by extending the 455(a), which provides that "any reasoning of Stone v. Powell to bar judge ... shall disqualify himself in federal habeas review of a state any proceeding in which his prisoner's claim that he was being impartiality may reasonably be held in custody in violation of the questioned," require that cause of Interstate Agreement on Detainers, apparent bias stem from extra­ a "law ... of the United States," judicial source? particularly in light of the fact that the decision below: (a) is the fourth conflicting approach taken by the circuits to habeas claims \__ based on IAD violations and thus thwarts Congress's intention to provide uniformity on detainers; and (b) conflicts with the language of the IAD and the holdings or rationale of several decisions of this Court, including Stone v. Powell, the decision upon which it purports to rely? 3 Execution Update 1 Total number of executions since the 1976 reinstatement of capital punishment (there were no executions in 1976): 222 '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 31 '93 34 sex of defendants executed sex of •victims total number 222 total number 297 Female ......... .. 1 ( .45%) Female .....•••...• 139 (46.80%) Male . .... .. 221 (99.55 %) Male ......... 158 (53.20%) race of defendants executed race of victims White ............. 120 (54.05 %) White ..•...•....•. 250 (84.17%) Black ..... ........ 87 ( 39.19 %) Black . ... • .•...... 35 (11.78%) Latino .... ........ 14 ( 6 . 31 %) Latino ......•... • •.. 8 ( 2.69%) Native Arnerican . .. .. 1 ( .45 %) Asian .. • ....•....•.. 4 ( 1.35%) defendant-victim racial combinations White Defendant and White Victim ..... .. ................ 166 (55.89%) Black Victim . .............. .... 1 ( .34%) Asian Vict i m ..... ......... 1 ( .34%) Black Defendant and White Victim ....... .... ........ .... ... 77 (25.92 %) Black Victim .................... 34 (11.45%) Asian Victim ........... 2 ( .67%) Latino Victim ..... 1 ( .34%) Latino Defendant and White Victim . ... ..... ...... .. ... ..... 7 ( 2.36 %) Latino Victim ............... .. ... .. 6 ( 2.02%) Asian Victirn .. .... ..... .. 1 ( . 34%) Native American and White Victim .................. .... .. .... 1 ( .34%) 4 Date of Name of State Race Sex of Execution Defendant/Number of Def/ Multiple Victims Victim Victim 01-17-77 1. Gary Gilmore[*] UT W/W M L, 05-25-79 2. John Spenkelink FL W/W M 10-22-79 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- 2 2-83 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 . Timothy 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[ ~) NC W/ W M 11- 08 -84 30 . Timoth y 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.
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