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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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The tragic case of Kevin Johnson, set to be killed by Missouri this month

Missouri killed Kevin Johnson on Tuesday evening. He was sentenced to death for killing Kirkwood police officer Sgt. William McEntee in 2005, a crime he admitted and expressed remorse for repeatedly over the years. Johnson was 19 at the time and under severe stress brought on by the sudden death of his 12-year-old brother at the scene shortly before the shooting. There is no question that what occurred that day

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Tennessee’s shameful and shocking treatment of Henry Hodges

A judge’s order late last month means a man on Tennessee’s death row, who slit his wrists before severing his penis in early October, will finally get the bare minimum of care.  Henry Hodges had been kept naked and in restraints on a thin pad on a concrete slab for at least a week. His lawyer, assistant federal public defender Kelley Henry, had been denied visitation since Hodges’ suicide attempt

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Oklahoma high court denies both of Glossip’s petitions for a hearing on new evidence

In one week, the Oklahoma Court of Criminal Appeals denied two petitions filed by Richard Glossip for an evidentiary hearing to consider new evidence of innocence in his case. Glossip was scheduled to be killed on September 22. But Gov. Kevin Stitt stayed his execution until February 16, 2023, to allow time for the Oklahoma Court of Criminal Appeals to review his petitions for a new hearing. Both of those

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Alabama’s governor tries to shift the blame for the state’s botched executions

In a bizarrely-worded statement, Alabama Gov. Kay Ivey called for a temporary halt to executions last week. She announced the decision after corrections officials botched the failed execution of Kenneth Smith on November 17, the third execution this year that was botched and the fourth since 2018. (You can read a full account in the following article.) “For the sake of the victims and their families, we’ve got to get

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California man is freed on DNA evidence after 38 years in prison

“What has happened to Mr. Hastings is a terrible injustice,” Los Angeles District Attorney George Gascón said at a news conference announcing Maurice Hastings’ release late last month. “The justice system is not perfect, and when we learn of new evidence which causes us to lose confidence in a conviction, it is our obligation to act swiftly.” Hastings, now 69, was sentenced to life without parole in 1988 for the

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In brief: November 2022

In Texas, Tracy Beatty was killed early last month despite valid questions about whether his crime qualified for the death penalty. Beatty was found guilty of strangling his mother, Carolyn Click, in 2003 after a violent argument. But, as the Texas Tribune reports, Texas law requires that to charge a defendant with capital murder, special circumstances must be involved, such as killing a police officer or committing the murder during

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Alabama’s cruel and unusual execution protocol results in another botched execution

For the second time in two months, Alabama botched an execution. Corrections officials ended their attempt to kill Kenneth Smith on November 17 after trying and failing for over an hour to find a usable vein for its lethal drugs. On Friday, a judge granted Smith’s lawyers’ motion to preserve evidence of his injuries from the botched procedure. They asked that “documentation of his injuries and notes, records, photographs, videos,

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While we’re on the subject. . . .

The problems with Alabama’s July execution of Joe Nathan James, Jr., during which it took the execution team three hours to kill him because of their difficulty finding a usable vein for the lethal injection drugs, make it clear that the men and women in the execution chamber need, and should be guaranteed the right to have their lawyers present, with access to a phone, during the execution process. So,

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SCOTUS roundup: Andre Thomas, Rodney Reed, Dylann Roof

Andre Thomas The Court, in a 6-3 decision, rejected an appeal by Andre Thomas’s lawyers to review his case because it was tainted by racism. Thomas was sentenced to death in 2005 for killing his wife, their son, and her daughter in Sherman, Texas, in 2004. In his petition for writ of certiorari, his lawyers argued that three members of his all-white jury (Thomas is Black) had stated their opposition

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