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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…

Court grants Duane Buck relief that could remove him from Texas death row

Duane Buck
Duane Buck
The 5th Circuit Court of Appeals has granted Texas death-row inmate Duane Buck the right to pursue his claims of ineffective counsel and relief under a rule that covers mistakes and neglect - a move that could spare him from execution.

In February, the U.S. Supreme Court ruled that race improperly tainted Buck's death sentence and remanded the case to the lower court for a new hearing.

In a two-page ruling filed Thursday, the federal appeals court also ordered him released unless the state initiates proceedings for a new trial for punishment within six months or "elects not to seek the death penalty and accedes to a life sentence."

Buck was convicted in Houston 20 years ago for the killings of his ex-girlfriend, Debra Gardner, and her friend, Kenneth Butler. He was sentenced to death after a psychologist testified he would be a continuing threat to society because he is black.

The case, which has made national headlines for years, could be a harbinger of how the country's highest court deals with death penalty cases with racial overtones, experts have said.

After February's decision, Harris County District Attorney Kim Ogg said her office would review Buck's case, including speaking with the victims' families and looking over mitigation evidence, before deciding how to proceed.

"Racially charged evidence has no place in any courtroom, and this administration will not tolerate its presence," she said. "We remain committed to seeking justice for the victims of Duane Buck's heinous criminal acts and will do so without what Chief Justice Roberts described as the 'strain of racial prejudice' present at the 1997 trial in which Buck was convicted."

Source: Houston Chronicle, Cindy George, April 13, 2017

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