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In brief: October 2023

In Alabama, Gov. Kay Ivey scheduled an execution date for Casey McWhorter for a 30-hour window between midnight November 16, and 6 a.m., November 17,

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Death penalty bill for child rapists goes into effect in Florida

In Florida, a new law that would allow a person convicted of the rape of a minor to be sentenced to death went into effect earlier this month. The bill, which establishes a minimum sentence of life without parole, was signed into law by Gov. Ron DeSantis in May.  The law defies the U.S. Supreme Court’s decision in Kennedy v. Louisiana (2008), which found that “the Eighth Amendment categorically rules

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While we’re on the subject . . .

University of San Francisco School of Law professors Lara Bazelon and Charlie Nelson Keever explained “Why California’s reinvestigation of an infamous quadruple murder case is a sham” in their op-ed in the San Francisco Chronicle last weekend. They argue that a 250-page report by a law firm appointed by California Gov. Newsom to investigate the case of Kevin Cooper, sentenced to death in 1985 for a quadruple murder in San

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In brief: October 2023

In Alabama, Gov. Kay Ivey scheduled an execution date for Casey McWhorter for a 30-hour window between midnight November 16, and 6 a.m., November 17, the Montgomery Advertiser reports. McWhorter was sentenced to death for the 1993 murder of Edward Lee Williams. He was 18 when he was sentenced to death by a jury in a 10-2 vote. He had four accomplices, including the 15-year-old son of the victim, but

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Update on the Kevin Cooper case

We wanted to update you on the Kevin Cooper case, which we have written extensively about over the years. Cooper, who has been on California’s death row for 35 years, is asking California Gov. Gavin Newsom to reject the findings of an investigation into his case by the law firm Morrison Foerster that was released in January. Cooper, through his law firm, Orrick, Herrington & Sutcliffe, included his request in

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Louisiana pardons board denies clemency hearing for first five appeals; Sister Helen sues the board

The Louisiana Board of Pardons rejected clemency hearings for the first five people sentenced to death who submitted applications earlier this month. The five men and the only woman on the state’s death row were the first hearings to come before the board since Gov. John Bel Edwards, whose term is up at the end of this year, publicly expressed his opposition to the death penalty in May, nola.com reported. 

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CDCR releases new solitary confinement policy

“Does CDCR have solitary confinement?” is the first question on the California Department of Corrections and Rehabilitation’s “restricted housing” webpage. The answer? “No.” That answer would surprise the thousands currently held in solitary confinement (CDCR uses the euphemism “restricted housing’) in California’s prisons and jails. (The United Nations Nelson Mandela Rules define solitary confinement, which it stipulates is torture, as locking a person in a cell with no meaningful human

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CA state appeals court upholds Racial Justice Act

In a 2-1 ruling, a state appeals court upheld California’s Racial Justice Act earlier this month.  The law, which took effect in 2021, prohibits the state from seeking or obtaining a criminal conviction or from imposing a sentence based on race, ethnicity, or national origin. But it was prospective only, excluding judgments rendered before January 1, 2021. The Racial Justice Act for All, which was signed into law by Gov.

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On-Demand: A Conversation on “The Torture of Solitary Confinement”

As of 2020, 12 states automatically housed death-sentenced people in indefinite solitary confinement, in violation of the UN’s Nelson Mandela Rules. The rules “restrict the use of solitary confinement as a measure of last resort, to be used only in exceptional circumstances.” Watch our thought-provoking and lively discussion on yet another example of how cruel, barbaric, and unjust capital punishment is. Our panelists, including DPF President Mike Farrell, former United

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Federal judge finds Scott Panetti unfit to be executed by Texas

Scott Panetti, diagnosed with paranoid schizophrenia 35 years ago, was convicted of killing his wife’s parents in 1992 and sentenced to death in 1995 in Texas. But late last month, U.S. District Judge Robert Pitman ruled that Panetti cannot be executed by the state because of his severe mental illness.  “The Eighth Amendment demands more than a single thread of arguably rational thought in a sea of otherwise disorganized thoughts

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