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\ D£Ati-I Row, V.Sa NanonalOffic~ Suite 1600 NAACP LEGAL DEFENSE 99 Hudson Street A.ND EDUCATIONAL FUND, INC . New York, N.Y. 10013-2897 (212) 219-1900 Fax : (212) 22~7592 Winter 1993 D£ATI-I ROW, V.SA TOTAL NUXBBJl 01' DllTB ROW ::UOIATBSDIOQ TO LDI': 2,802 (As of January, 1994) Race of Defendant: White 1,401 (50.00\) Black 1,117 (39. 86\) Latino/Latina 203 ( 7.24%) Native American 51 ( 1.82%) Asian 19 { • 68%) Unknown at this issue 11 ( .39%) Gender: Male 2,760 {98.50%) Female 42 ( 1.50%) DISPOSITIONS SINCB JANUARY 1, 1973: Executions: 227 Suicides: 38 Commutations: 71 {including those by the Governor of Texas resulting from favorable court decisions) Died of natural causes, or killed while under death sentence: 76 Convictions/Sentences reversed: 1349 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, Missis .sippi, 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. \ Tbc NAACP Legal Defemc at .Ecluutioul Fund. Ille. (LDF) iJ DOI part Suire 301 Suite:la! ~JM~­ U.S. of doeNadoaal A uociati oo for tac Adv&DCffllCDIof Co.lord People l27S K Street, NW 315 West Ninth Street iltcMMWtr,po,a . (NAACP) alrhoughLOF wu fouadcdby the NAACP a.ad.hares its Waslungton, DC 20005 Los Ang,ks, CA 9ClllS commitmc11t10 equal rigbu. LDF hu ud for over 30 ycan a tcparatc (202) 682-1300 (213) 62,4-2405 Board, prosram, swf, offocc:uad budget . Fax: (202) 682-1312 Fox:( 213)62'4-0075 IN THI U.S. SUPREMECOURT CAPITAL CASBS DBCIDBD OCTOBER1993 TBRK CASBS TO BB DBCIDBD OC'l'OBBR1993 TBRK Schiro v. Farley, 62 u.s.L.w. 4064 (Jan. 19, 1994). Holdings: (1) A. Capital Ca••· court will not address application of Teague v. Lane, 489 u.s. 288 Powell Y, Nevada, 92-8841 (1989), where state did not raise Question Presented: May state Teague argument in lower courts or court decline to apply controlling in its brief in opposition to Fourth Amendment decision of this petition for writ of certiorari: court to case pending before it on (2) Petitioner's sentencing direct appeal with impunity, in proceeding did not amount to spite of Griffith v. Kentucky. 479 successive prosecution for U.S. 314 (1987) intentional murder, in violation of Double Jeopardy Clause, since it Simmons v. south Carolina, 92-9059. was part of a single prosecution. Questions presented: (1) Does "Neither the prohibition against a Eighth Amendment entitle capital successive trial on the issue of defendant to have sentencing jury guilt, nor the Bullington informed, as reason not to impose prohibition against a second death penalty, that under state law capital sente11cing proceeding, is jury's sentencing alternative of implicated here": (3) Collateral "life imprisonment" means life estoppel did not require vacation without possibility of par ole? (2) of death sentence since Petitioner Did trial court's refusal to inform failed to show that the issue of jury that petitioner could never be ultimate fact had been determined paroled if sentenced to life in his favor -- namely, that the imprisonment violate his due jury had acquitted him of process right to rebut intentional murder at the guilt prosecution's case for death, when phase of his c~pital trial. argued that petitioner would pose grave risk to future violence Burden v. Zant, 62 U.S.L.W. 2450 unless he was executed, and when (Jan. 10, 1994) (per curiam). Once specifically asked about again, the Court unanimously possibility of parole? reverses the Eleventh Circuit for its failure to give a state court Victor Y, Nebraska, 92-8894 determination, relevant to the Question presented: Did Nebraska claim "conflict of interest", the supreme Court err in failing to presumption of correctness. See reverse trial court's refusal to Burden v. Zant, 498 u.s. 433 retroactively apply Cage v, (1991) (per curiam) (reversal on the Louisiana? same grounds). Sandoval v, Californ i a, 92-9049 Question presented: Was petitioner deprived of due process and fair jury trial by use of constitutionally defective reasonable doubt jury instructions 2 that invited jury to base its Proctor y, California, No. 93-5161: , verdict on improper "moral" Tuilaepa y, California. No.93-5131. =onsiderations rather than on Questions presented: Whether the evidentiary evaluation? California death penalty statute is a "weighing" statute, and should be Tennessee v. Middlebrooks, 92-989 analyzed under the Court's weighing Question presented: Does Eighth jurisprudence? If so, whether some Amendment prohibit sentencer in of the "Factors" that the jury must capital felony-murder prosecution weigh are vague? (For example, from considering as aggravating circumstances of the crime, and circumstance fact that murder was whether the defendant has a history committed in perpetration of of violent criminal acts.) felony? B. Hon-capital cases Romano. John Joseph v. Oklahoma. 92-9093. The petition for a writ J.E.B, v, T,B,, No. 92-1239, cert. of certiorari is granted limited to granted 53CrL 3037 (May 17, 1993) the following question: "Does Question presented: Does male admission of evidence that a defendant in paternity action capital defendant already has been brought by the state have right, sentenced to death in another case under Fourteenth Amendment's Equal impermissibly undermine the Protection Clause, to challenge sentencing jury's sense of state's use of its peremptory jury responsibility for determining the strikes to exclude all males from appropriateness of the defendant's jury? death, in violation of the Eighth and Fourteenth Amendments? Liteky v, United States, No. 92- ~ 6921, cert. granted 53 CrL 3059 Jtansbury v. California, No93-5770 (May 24, 1993). Question Question presented: May a trial presented: Does 28 u.s.c. & court determine that a criminal 455(a), which provides that "any defendant is not "in custody" for judge ••• shall disqualify himself in Miranda purposes on the basis of any proceeding in which his the police officers' subjective and impartiality may reasonably be undisclosed conclusion that they questioned," require that cause of did not consider the defendant a apparent bias stem from extra­ "suspect"? judicial source? McFarland v. Collins, No. 93-6497. Davis v. United states, No. 92- Question presented: Does a federal 1949. Question presented: Where district court possess jurisdiction suspect makes an ambiguous request to grant a stay of execution under for counsel during custodial either 28 u.s.c. 2251 or 28 u.s.c. interrogation -- "Maybe I should 165l(a), in order to appoint talk to a lawyer" -- must counsel for an indigent pro~ interrogation cease until suspect death row inmate who has not yet is provided with counsel? filed a habeas corpus petition, but who has expressed an intention to Caspari v, Bohlen, 92-1500 file a petition once counsel is Questions presented: (l)Should obtained? Double Jeopardy Clause, which prohibits state from subjecting defendant to successive capital 3 sentencing proceedings, apply to successive capital sentencing proceedings, apply to successive non-capital sentence enhancement proceedings? (2) Does this court's decision in Bullington Y, Missouri expand protection afforded by Double Jeopardy Clause contrary to original intent of clause as articulated by framers of Constitution and beyond traditional protections of clause? 4 ezecution update Total number of executions since the 1976 reinstatement of capital punishment (there were no executions .. in 1976): 227 '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 '94 38 1 sex of defendants executed sex of victims total number 227 total number 302 Female .••••.••••••• 1 ( .44%) Female •••••••••••• 142 (47.02%) Male ••••••••• 226 (99.56%) Male ..••..•.. 160 (52 .• 98%) race of defendants executed race of victims White ••••••••••••• 124 (54.62%) White ••••••••••••• 255 (84.44%) Black .......•.•••.. 88 (38.77%) Black .•....•....••. 35 (11.59%) Latino .•••••••••••• 14 ( 6.17%) Latino •••••••••••••. 8 ( 2.65%) Native American ••••• 1 ( .44%) Asian ••••••••••••••• 4 ( 1.32%) defendant-victim racial combinations White Defendant and White Victim •••••••••••••••••.••••••••••• 170 (56.29%) Black Victim •••••••••••••••• •• ••• l ( .33%) ~sian Victim •.••••••••••••• l ( .33%) Black Defendant and White Victim ••••.••••.•••••••••• - ~• •••••••• 78 (25.83%) Black Victim •••••••••••••••••••• 34 (11.26%) Asian Victim ••••••••••• 2 ( .66%) Latino Victim ••••• l { .33%) Latino Defendant and White Victim ••..•.••••..•••• •• ••••••••••••• 7 ( 2.32%) Latino Victim •••••• •.•••••• •••••..•.• 6 ( 1.99%) Asian Victim •••••••••••••••• l ( .33%) Native American and White Victim ••••••••••••••••••••••••••••••• 1 ( • 331) 5 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 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 04-22-83 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.
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