Refiled Joint Pre-Hearing Conference Statement #1
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Executive Clemency: the Lethal Absence of Hope
American University Criminal Law Brief Volume 3 Issue 1 Article 1 2007 Executive Clemency: The Lethal Absence Of Hope Jonathan Harris Lothlórien Redmond Follow this and additional works at: https://digitalcommons.wcl.american.edu/clb Part of the Criminal Law Commons Recommended Citation Harris, Jonathan, and Lothlórien Redmond. "Executive Clemency: The Lethal Absence Of Hope." Criminal Law Brief 3, no. 1 (2007): 2-15. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Criminal Law Brief by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. EXECUTIVE CLEMENCY: THE LETHAL ABSENCE OF HOPE1 Jonathan Harris* and Lothlórien Redmond** Executive clemency is an act by a governmental chief Section 2 of the Constitution.9 In 1833, Chief Justice John executive that relieves in whole, or in part, the consequences Marshall described the basis and scope of the Presidential par- resulting from a criminal conviction.2 Although not limited to don power in the following sweeping terms: death penalty cases, the concept of clemency is most common- ly associated with the decision by a sitting state governor A pardon is an act of grace, proceeding from the power whether to commute a sentence of death to a lesser sentence, intrusted with the execution of the laws, which usually to life imprisonment.3 It is in that context that this arti- exempts the individual, on whom it is bestowed, from cle examines the meaning and process of clemency. -
Habeas Corpus Resource Center Amicus Brief Supporting Petitioner
MAR6- 2O($ No. 05-8794 IN THE ~bupremeCourt of the/lLInitetJ ~btate~ CLARENCEE. HILL, Petitioner, V. JAMESR. MCDONOUGH,SECRETARY, FLORIDA DEPARTMENTOF CORRECTIONS,ET AL. Respondent. OnWrit of Certiorari to the United States Court of Appeals for the Eleventh Circuit BRIEF OF AMICUS CURIAE HABEAS CORPUS RESOURCE CENTER IN SUPPORT OF PETITIONER MICHAEL LAURENCE CHARLESJ. PRESS* HABEASCORPUS RESOURCECENTER 50 Fremont Street, Suite 1800 San Francisco, CA 94105 (415) 348-3800 *Counsel of Record Counsel for Amicus Curiae WILSON-EPESPRINTING CO., INC. - (202) 789-0096 - WASHINGTON,D. C. 20001 BLANK PAGE i TABLE OF CONTENTS Page TABLEOFAUTHORITIES .............................................. ii STATEMENTOF INTEREST OF AMICUS CURIAE.......................................................................... 1 STATEMENTOFTHE CASE ........................................... 2 SUMMARYOFARGUMENT ........................................... 4 ARGUMENT........................................................................ 6 I. A FULL FACTUAL RECORD MUST BE DEVELOPED BEFORE A COURT MAY PROPERLY REVIEW A CONSTITUTIONAL CHALLENGETO A STATE’S LETHAL INJECTIONPROCEDURES .......................................... 6 II. FACTUAL DEVELOPMENTWAS CRITICAL TO MR. MORALES’ DEMONSTRATIONTHAT PREVIOUSLY EXECUTED PRISONERS WERE NOT PROPERLY SEDATED BEFORE THEIR EXECUTIONS................................................................ 12 Ill. FACTUAL DEVELOPMENTWAS CRITICAL TO MR. MORALES’ DEMONSTRATIONTHAT PERSONNEL AT SAN QUENTIN ARE NOT PROPERLY TRAINED TO INSERT -
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. -
Governor Newsom's Amicus Brief in Mcdaniel
IN THE SUPREME COURT OF THE STATE OF CALIFORNIA PEOPLE OF THE STATE OF CAPITAL CASE CALIFORNIA, No. S171393 Plaintiff and Respondent, v. DON’TE LAMONT MCDANIEL, Defendant and Appellant. PROPOSED BRIEF OF AMICUS CURIAE THE HONORABLE GAVIN NEWSOM IN SUPPORT OF DEFENDANT AND APPELLANT MCDANIEL Appeal from Judgment of The Superior Court of Los Angeles County, Case No. TA074274 The Honorable Robert J. Perry, Presiding * ELISABETH SEMEL ERWIN CHEMERINSKY DIRECTOR, DEAN DEATH PENALTY CLINIC (ADMITTED IN ILLINOIS AND (SBN 67484) DISTRICT OF COLUMBIA) U.C. Berkeley School of Law U.C. Berkeley School of Law Berkeley, CA 94720-7200 Berkeley, CA 94720-7200 [email protected] [email protected] Telephone: 510-642-0458 Telephone: 510-642-6483 Facsimile: 510-643-4625 Facsimile: 510-642-9893 Document received by the CA Supreme Court. Attorneys for Proposed Amicus Curiae THE HON. GAVIN NEWSOM TABLE OF CONTENTS PROPOSED BRIEF OF AMICUS CURIAE .................................... 1 TABLE OF CONTENTS .................................................................... 2 TABLE OF AUTHORITIES .............................................................. 4 INTRODUCTION ............................................................................. 21 ARGUMENT ..................................................................................... 23 I. THE CALIFORNIA JURY RIGHT SHOULD BE UNDERSTOOD IN THE CONTEXT OF THE HISTORICAL RELATIONSHIP BETWEEN RACISM AND CAPITAL PUNISHMENT. .................................................................................... -
Amnesty International Group 22 Pasadena/Caltech News Volume XIII Number 10, October 2005 UPCOMING EVENTS Saturday, December 10
Amnesty International Group 22 Pasadena/Caltech News Volume XIII Number 10, October 2005 UPCOMING EVENTS Saturday, December 10. International Human Rights Day. Group 22 is planning a write-athon. Stay tuned Thursday, October 27, 7:30 PM. Monthly Meeting for details. Caltech Y is located off San Pasqual between Hill and Saturday, December 12. Vigils and Demonstrations Holliston, south side. You will see two curving walls prior to the execution of California Death Row inmate forming a gate to a path-- our building is just beyond. Stanley “Tookie” Williams. Details later. Help us plan future actions on Sudan, the War on Terror, death penalty and more. COORDINATOR’S CORNER Sunday, October 30, 7:00 PM. Human Dignity Under Assault: The Use of Torture in the War on Terror. All Saints Ten years ago on November 10, the Nigerian government Church, 132 N. Euclid Ave, Pasadena. Speakers: Jennifer executed writer and environmentalist, Ken Saro-Wiwa. Harbury, STOP Torture Campaign, Maria LaHood, The campaign to save his life was unprecedented in its Center for Constitutional Rights, Rev. Edward Bacon, global reach and unique in the collaboration between All Saints Church, Rabbi Steven Jacobs, Kol Tikvah human rights, labor and environmental groups it Synagogue, Dr. Nazir Khaja, Islamic Service Center. produced. The reaction to his death was also This forum seeks to educate the public about torture unprecedented in the shock and outrage felt by those and to rally support behind the growing call for an activists who worked on the case. This month, Amnesty independent investigation on the War on Terror. This releases a report on the human costs of the Nigerian oil event marks an important milestone in Amnesty’s industry ten years after Saro-Wiwa’s death. -
California Death Penalty Sentencing
California Death Penalty Sentencing LaytonValentine intertraffic usually wrickhis snoopers disreputably swum or harum-scarum, congeal adown but when unauthorised lignitic Giles Ferd defile never conditionally extravagates and so crucially. atweel. overfondlySalmon usually and rolling.outreddens lankly or conventionalising mechanistically when psychosocial Valdemar mums Whatever the moral development of california death sentence in another two ways for determinations regarding capital punishment in print on Death Penalty Focus, praised Newsom for saying the death penalty is racially biased. Leah Schendel, assaulted her and stole some food as well as some of her belongings. In all 737 inmates are awaiting the record penalty in California Their sentences will earn be indefinitely postponed After signing the order. It would seem that the sentence of death was commuted. Minister Helen Whately hints there WILL be localised restrictions to stop. The Ninth Circuit has acquired a reputation for being one of the most frequently reversed circuits in the country. Far more common is a decision throwing out a standard instruction, form, or practice that had previously been considered valid. Having observed the above, it nevertheless must be acknowledged that there is something inherently untoward in analyzing the death penalty in pure monetary terms. So, we got that changed. Rich and his car were both positively identified by several of his victims. Brown was convicted and sentenced to death based primarily on the testimony of potential accomplice Ronald Floyd, a witness who subsequently went through a series of recantations and retractions of his recantations. VI conclusions and Recommendati. Women executed in California would be transported to San Quentin before being put to death. -
Capital Punishment in California
COMMITTEE ON REVISION OF THE PENAL CODE STAFF M EMORANDUM March 12, 2021 Memorandum 2021-04 Capital Punishment in California I. Introduction Consistent with its mandate to “simplify and rationalize the substance of criminal law,” the Committee on the Revision of the Penal Code undertakes this analysis of the state’s death penalty system to determine if there is a rational path forward that will ensure justice and fairness for all Californians. It is the first examination of the death penalty in California by a state agency or organization since 2008. California has the largest death row in the country, currently numbering 707 people, and has sentenced more than 1,000 people to death since 1977. Yet, no executions have occurred in the last 15 years and only 13 total executions have taken place since reinstatement of the death penalty. Currently, 363 people on death row – more than half – are still awaiting appointment of post-conviction counsel and it now averages more than 30 years for people convicted of capital offenses to exhaust their appeals. Indeed, most people die of natural causes before their appeals are resolved. It is estimated that the state has spent more than $5 billion tax dollars on the death penalty since it was reinstated in 1977. At the same time, a majority of death cases to be fully litigated in California have been reversed on appeal or in other post-conviction proceedings.1 Meanwhile, over the past decade, California voters have (narrowly) signaled support for the death penalty in three separate ballot measures.2 No area of criminal law in California is more deeply confounding politically, legally, and morally. -
Death Penalty System Is Unconstitutional
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ERNEST DEWAYNE JONES, ) 11 ) Case No.: CV 09-02158-CJC Petitioner, ) 12 ) vs. ) 13 ) ) ORDER DECLARING 14 KEVIN CHAPPELL, Warden of ) CALIFORNIA’S DEATH PENALTY California State Prison at San Quentin, ) SYSTEM UNCONSTITUTIONAL 15 ) AND VACATING PETITIONER’S Respondent. ) DEATH SENTENCE 16 ) ) 17 ) 18 19 20 On April 7, 1995, Petitioner Ernest Dewayne Jones was condemned to death by the 21 State of California. Nearly two decades later, Mr. Jones remains on California’s Death 22 Row, awaiting his execution, but with complete uncertainty as to when, or even whether, 23 it will ever come. Mr. Jones is not alone. Since 1978, when the current death penalty 24 system was adopted by California voters, over 900 people have been sentenced to death 25 for their crimes. Of them, only 13 have been executed. For the rest, the dysfunctional 26 administration of California’s death penalty system has resulted, and will continue to 27 result, in an inordinate and unpredictable period of delay preceding their actual execution. 28 Indeed, for most, systemic delay has made their execution so unlikely that the death -1- 1 sentence carefully and deliberately imposed by the jury has been quietly transformed into 2 one no rational jury or legislature could ever impose: life in prison, with the remote 3 possibility of death. As for the random few for whom execution does become a reality, 4 they will have languished for so long on Death Row that their execution will serve no 5 retributive or deterrent purpose and will be arbitrary. -
Joint Pre-Hearing Conference Statement #1
Case 5:06-cv-00219-JF Document 163 Filed 09/03/2006 Page 1 of 22 David A. Senior (# 108579) 2 McBreen & Senior 1880 Century Park East, Suite 1450 3 Los Angeles, California 90067 4 Telephone: (310) 552-5300 Fax: (310) 552-1205 5 [email protected] 6 John R. Gre1e (# 167080) 7 Law Offices of John R. Grele 703 Market Street, Suite 550 8 San Francisco, California 94103 9 Telephone: (415) 348-9300 Fax: (415) 348-0364 10 j [email protected] 11 Richard P. Steinken (admitted pro hac vice) 12 Jenner & Block LLP 13 One IBM Plaza Chicago, Illinois 60611-7603 14 Telephone: (312) 923-2938 15 Fax: (312) 840-7338 [email protected] 16 17 Attorneys for Plaintiff MICHAEL ANGELO MORALES 18 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 SAN JOSE DIVISION 21 MICHAEL ANGELO MORALES, ) CASE NO. C 06 0219 (JF) (RS) 22 ) C 06-926 OF) (RS) Plaintiff, ) 23 ) JOINT PRE-HEARING CONFERENCE 24 vs. ) STATEMENT ) 25 JEANNE WOODFORD, Secretary of the ) 26 California Department of Corrections; ) EDDIE YLST, Warden, San Quentin State) HEARING DATE: Sept. 26, 2006 27 Prison, San Quentin, CA; and DOES 1-50,) TIME: 9:00 a.m. 28 ) COURTROOM: 3 Defendants. ) ---------------------------) Case 5:06-cv-00219-JF Document 163 Filed 09/03/2006 Page 2 of 22 Pursuant to the Court's Order Scheduling Evidentiary Hearing and Pre- 2 Hearing Conference dated August 11, 2006, and the Standing Order re Pretrial 3 Preparation, the parties submit the following joint pre-hearing conference statement: 4 5 6 SUBSTANCE OF THE ACTION 7 Whether defendant CDCR's Operational Procedure 770 and the manner in 8 9 which it is performed by defendants violate plaintiff s rights under the 8th Amendment 10 of the 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. -
Essay: Facing the Facts on the Death Penalty
Loyola of Los Angeles Law Review Volume 44 Number 0 Special Issue: Rethinking the Death Article 3 Penalty in California 2-1-2011 Essay: Facing the Facts on the Death Penalty James P. Gray [email protected] Follow this and additional works at: https://digitalcommons.lmu.edu/llr Part of the Law Commons Recommended Citation James P. Gray, Essay: Facing the Facts on the Death Penalty, 44 Loy. L.A. L. Rev. S255 (2011). Available at: https://digitalcommons.lmu.edu/llr/vol44/iss0/3 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. ESSAY: FACING FACTS ON THE DEATH PENALTY James P. Gray* For decades the death penalty has been an emotional and almost unmentionable issue that has affected people in a myriad of different ways. 1 Regardless of people’s philosophic points of view, it is important to be aware of the facts. This Essay addresses head-on most of the common arguments that are used in favor of the death penalty, as well as some facts about and responses to them. The Essay also presents additional facts and arguments that should be considered as we all decide how best to proceed in this emotional area. Certainly everyone is entitled to his or her own opinion in this or any other matter, but no one is entitled to his own facts. -
Straight Talk: Stanley “Tookie” Williams Is Dead
CALIFORNIA GANG INVESTIGATOR’S ASSOCIATION P.O. Box 861143 Los Angeles, CA 90086 (888) 229-CGIA (2442) December 23rd ., 2005 Straight Talk: Stanley “Tookie” Williams is Dead Stanley “Tookie” Williams was administered a lethal cocktail by the State of California on Tuesday morning December 13, 2005 at 12:35 A.M. His execution was just punishment for committing the horrendous murders of four innocent people. It was a more merciful death than he granted his four victims. Based on Governor Schwarzenegger’s statements and the hearing he granted, it was quite obvious he gave the case very serious and genuine consideration before denying clemency. When the facts of the case were examined without the emotional baggage, it was clear that Tookie had committed the crimes. Governor Schwarzenegger also pointed out Williams’ so called redemption rang hollow when one considers that many of the dedications in his books were “in your face” inscriptions to other murderers, some of whom had committed extremely vicious murders of innocent citizens and law enforcement officers doing their duty. One of the saddest parts of this whole affair, particularly as it neared the end, was the army of Tookie supporters who took to the airways and streets in an attempt to sway public opinion. Their disingenuous statements regarding Tookie’s innocence and his importance to bringing peace to the gangs lacked credibility. Despite the futile and orchestrated grandstanding for the media of Barbara Becnel, his trusted confidant and co-author of his books, who along with her cohorts screamed out that California had executed an innocent man as they exited the Death Chamber, the evidence at the end remained strong and factual.