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Inmates sue over execution protocol (access required)

Published: February 13, 2012

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Three inmates on Arizona’s death row have sued the governor, the state corrections director and those who conduct executions, arguing that a new execution protocol violates their constitutional rights.

Supremes overturn murder convictions under ‘Brady’ (access required)

Published: January 10, 2012

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Prosecutors’ failure to disclose evidence undermining the testimony of a key eyewitness required the reversal of a defendant’s capital murder convictions, the U.S. Supreme Court has ruled in an 8-1 decision.

Texas judge says death penalty unconstitutional (access required)

By: Pat Murphy
Published: March 8, 2010

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A Texas judge in the county that sends more inmates to death row than any other in the nation is apparently taking a stand. Saying he could assume that innocent people have been executed, state District Judge Kevin Fine ruled in a pre-trial motion in a capital murder case on Thursday that the death penalty was unconstitutional and found himself on Friday facing a torrent of criticism from a string of high-profile Texans including Gov. Rick Perry.

Supreme Court decides ineffective assistance claim (access required)

By: Pat Murphy
Published: January 20, 2010

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Defense counsel in a death penalty case could be deemed to have acted competently even though they decided not to pursue or present evidence of their client’s mental deficiencies, the U.S. Supreme Court has ruled in a 7-2 decision.

DEATH PENALTY (access required)

By: Kimberly Atkins
Published: January 19, 2010

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A Court of Appeals did not carefully review facts about juror and judicial impropriety in considering constitutional claims by a man sentenced to death.

U.S. Supreme Court. Wellons v. Hall, No. 09-5731. Jan. 19, 2010. Lawyers USA No. 993-1702.

Justices turn down challenge to jury’s use of Bible (access required)

By: Susan Bocamazo
Published: May 11, 2009

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The U.S. Supreme Court has rejected a challenge from a Texas death row inmate who claimed his constitutional rights were violated by jurors who consulted a Bible.

HABEAS CORPUS (access required)

By: Justin Rebello
Published: March 31, 2009

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Did the 6th Circuit contravene the Antiterrorism and Effective Death Penalty Act of 1996 by improperly extending Mills v. Maryland?

U.S. Supreme Court. Smith v. Spisak, No. 08-724. Certiorari granted Feb. 23, 2009. Ruling below: 465 F.3d 684 (6th Cir. 2006).

RIGHT TO COUNSEL (access required)

By: Reni Gertner
Published: June 23, 2008

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Do prisoners sentenced under state law have the right to federally-appointed and funded legal counsel to pursue clemency actions under the Terrorist Death Penalty Enhancement Act of 2005?

U.S. Supreme Court. Harbison v. Bell, No. 07-8521. Certiorari granted June 23, 2008. Ruling below: 503 F.3d 566 (6th Cir. 2007).

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