Skip to main content

Few on Louisiana's death row are ever executed, largely owing to reversals, analysis finds

Louisiana death row
Louisiana death row
Louisiana, which has led the nation in homicide rates every year since 1989, sentences plenty of murderers to death but rarely executes them, in part because a huge proportion of death verdicts are reversed on appeal, according to a new study slated to come out Thursday.

The report, to be published in the Southern University Law Center's "Journal of Race, Gender and Poverty," examined each of the 241 death sentences handed down in Louisiana over the past 30 years.

Just 28 of those sentenced to death - less than 12 % - have been executed. Meanwhile, 127 of the death verdicts, more than 1/2 the total, have been reversed, meaning that either a new trial was ordered or the death sentence was rescinded. That number includes 9 exonerations.

The "extremely high" reversal rates in parishes throughout Louisiana, combined with what political science professor Frank Baumgartner and statistician Tim Lyman call "shocking" racial discrepancies, make the state's experience with capital punishment "deeply dysfunctional," the authors said.

The 2 published an earlier article based on their data that focused on racial disparities in the application of the death penalty. They found that those who killed white people were more than 10 times as likely as those who killed black people to be executed.

Their latest article homes in on the modern era of the death penalty, starting after the 1976 Gregg v. Georgia decision, in which the Supreme Court reaffirmed the constitutionality of capital punishment.

The trends the authors identified also are seen in other death penalty states, but they are exaggerated in Louisiana. For instance, Louisiana's rate of executions is 4.5 % points lower than the national average, and the rate of reversals is almost 10 % points higher.

"People don't realize, nationally speaking, that after you're handed down a death sentence, your odds of being executed are 13 %," said Baumgartner, a professor at the University of North Carolina who has been studying the death penalty for 15 years. "The numbers we see in Louisiana are even worse than nationally, which is amazing."

To have a death sentence reversed, serious flaws in a trial must be demonstrated, such as withheld evidence or improper jury instructions.

The reasons for the reversals run the gamut, according to the authors, with errors evident in pretrial, guilt and penalty phases. Prosecutors, defense counsel and even judges have been responsible for the errors, the study adds.

In recent years, the death penalty has inspired intermittent debated in Louisiana, particularly since the exoneration of Glenn Ford, a man who spent nearly 30 years on death row before the state determined he was innocent in 2014.

At the time of his release, he was the nation's longest-serving death row exoneree, according to the Death Penalty Information Center.

But while some states, like Texas and Oklahoma, continue a robust business in executions, Louisiana hasn't executed a convict since 2010. Prosecutors around the state have been increasingly reluctant to seek the ultimate penalty in recent years - in part, perhaps, for pragmatic reasons.

In East Baton Rouge Parish, there have been 32 death sentences in the "modern era" of the death penalty but only 8 since 2000, according to Lyman. In Jefferson Parish, there have been 31 death sentences but just 5 since 2000.

And in Orleans Parish, although there have been 37 death sentences since capital punishment was reinstated, only 1 death sentence has been handed down since 1997, and it eventually was thrown out, Lyman said.

Data suggest most district attorneys are now seeking death only in the most heinous of crimes.

In East Baton Rouge Parish, for example, there have been only 2 death penalty trials in the past 8 years, according to District Attorney Hillar Moore III. The Jefferson Parish district attorney has filed only 1 1st-degree murder indictment - a prerequisite for the death penalty - during the past 10 years, according to a spokesman. And in that case, the defendant pleaded guilty last month in exchange for the state agreeing to not seek the death penalty.

And in New Orleans, there is only 1 active capital murder case, that of Travis Boys, who is accused of killing a police officer.

In all states, death verdicts are harder and more expensive to obtain than life sentences. That's particularly true in Louisiana, which is 1 of 2 states where juries can convict on a 2nd-degree murder charge by a 10-2 vote. The charge carries an automatic life sentence.

Death cases, conversely, require all 12 jurors to agree in both the guilt and penalty phases of trial. For some Louisiana prosecutors, the higher burden of reaching a unanimous verdict in a capital case, and the cost of defending it over decades, has made the death penalty a less attractive option.

A study on the cost of the death penalty in Louisiana is pending. Studies in other states, however, have found that seeking the death penalty over life without parole adds as much as $1 million in prosecution costs alone. And roughly 1/3 of the money Louisiana spends on public defenders goes to private firms representing capital murder defendants, one reason the state's indigent defense system is strapped for cash.

In an interview, Baumgartner said it would be easier for states to simply eliminate death penalty as an option, as it also would eliminate costly appeals - especially because a death sentence is statistically likely to be overturned anyway.

"We have to look the death penalty in the eye and understand how it truly does function," he said. "Not how we wished it functioned but how it really does function. And every time we do that, it really is disturbing."

Source: The Advocate, April 27, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.