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Did Texas execute an innocent man? Film revisits a haunting question.

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Texans will have an opportunity to revisit a question that should haunt anyone who believes in the integrity of our criminal justice system: Did our state execute an innocent man? 
The new film “Trial by Fire” tells the true story of Cameron Todd Willingham, who was sentenced to death for setting a fire to his home in Corsicana that killed his three young daughters in 1991. The film is based on an investigative story by David Grann that appeared in the New Yorker in 2009, five years after Willingham was executed over his vociferous protestations of innocence.
In my experience of serving 8 years on the Texas Court of Criminal Appeals and 4 years as a state district judge in Travis County, the Willingham case stands out to me for many of the same reasons it stood out to filmmaker Edward Zwick, who calls it a veritable catalogue of everything that’s wrong with the criminal justice system and, especially, the death penalty. False testimony, junk science, a jailhouse informant, and ineffe…

Supreme Court refuses to review death penalty over two justices' dissents

WASHINGTON — The Supreme Court refused to hear a Louisiana prisoner's death penalty appeal Tuesday, but two of the eight justices said they would have taken the case to decide if capital punishment remains constitutional.

The one-paragraph order and two-page dissent solidified the battle lines at the court over what some justices consider their most difficult duty: deciding who lives and who dies.

That six justices, including liberals Sonia Sotomayor and Elena Kagan, denied convicted murderer Lamondre Tucker's petition shows that the court is not ready to reconsider its 1976 decision reinstating the death penalty.

But Justices Stephen Breyer and Ruth Bader Ginsburg reiterated their desire to consider its constitutionality, which they first voiced last June in a dissent from the court's 5-4 decision upholding a controversial form of lethal injection.

In the Louisiana case, Breyer noted that Tucker was barely older than the 18-year-old threshold to be eligible for the death penalty and had an IQ of 74, —just above the level to be considered intellectually disabled — when he shot and killed his pregnant ex-girlfriend in 2008. 

In addition, he was sentenced in Caddo Parrish, which renders a disproportionate percentage of the state's death sentences.

"Given these facts, Tucker may well have received the death penalty not because of the comparative egregiousness of his crime, but because of an arbitrary feature of his case, namely, geography," Breyer wrote.

He and Ginsburg said they would have agreed to hear the case for that reason and others cited in their June dissent. Those included the potential for mistakes, racial and other disparities, decades-long delays, and increasing numbers of states and counties abandoning capital punishment.

Source: USA Today, May 31, 2016

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