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No Second Chances: What to Do After a Botched Execution

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Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

U.S. Supreme Court to Hear Two Major Death Penalty Cases

WASHINGTON — The Supreme Court on Monday agreed to hear two cases raising major questions about the death penalty, including whether executing a condemned inmate more than 35 years after he was sentenced to death violates the Eighth Amendment’s prohibition against cruel and unusual punishment.

That case, Moore v. Texas, No. 15-797, concerns Bobby J. Moore, who has been on death row since 1980 for shooting and killing an elderly Houston supermarket clerk, James McCarble, during a robbery. 

Mr. Moore’s case also raises questions about whether Texas uses outdated standards in assessing whether a defendant’s intellectual disability was severe enough to bar his execution.

The second case, Buck v. Stephens, No. 15-8049, concerns the role race may play in capital sentencing. 

Duane Buck was convicted of the 1995 murders of a former girlfriend and another man. Texas law allows death sentences only if prosecutors can show the defendant poses a future danger to society.

During the trial’s sentencing phase, Mr. Buck’s lawyer presented testimony from a psychologist who said that race is one of the factors associated with future dangerousness. I

n their petition seeking Supreme Court review, Mr. Buck’s new lawyers said his trial lawyer had been ineffective and that Mr. Buck’s death sentence was infected by racial bias.

Source: The New York Times, Adam Liptak, June 6, 2016

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