FEATURED POST

No Second Chances: What to Do After a Botched Execution

Image
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…

Alabama Gov. Kay Ivey signs bill to shorten time of death penalty appeals

Gov. Kay Ivey Friday signed a bill that would shorten the death penalty appeals process in Alabama.

Ivey signed the legislation early Friday afternoon, according to her office. Both supporters and opponents of the bill agreed that it would cut the time in the death penalty appeals process.

But proponents said it would ensure the swifter enactment of justice, while opponents said it would make it more likely Alabama would execute innocent people.

The signing came less than 24 hours after the state executed Thomas Arthur for the 1982 murder of businessman Troy Wicker. Ivey’s office said Friday the timing was a coincidence.

Inmates condemned to death have two rounds of state appeals. The first one is a direct appeal, based on the facts of the case. The second, known as a Rule 32 appeal, allows the inmate to raise post-conviction issues, such as them competence of his or her defense attorney. Under the new law, sponsored by Sen. Cam Ward, R-Alabaster, the two appeals would run parallel to each other.

The inmate would have a year from the filing of the brief in their direct appeal to file a Rule 32 motion. The circuit court would have 90 days to dismiss claims or set them for hearing.

The legislation would not affect an inmate's federal appeals. Appeals of capital sentences can take decades. Arthur was first sentenced to death in 1983 and sentenced again after two further trials in 1992. He outlived seven death sentences before his execution Thursday night.

The Alabama attorney general’s office long sought the change. In a statement Friday afternoon, Alabama Attorney General Steve Marshall said the bill stemmed from work between the attorney general’s office, prosecutors, victims’ groups and the Legislature.

“Our collective experiences with capital cases compelled us to pursue an improved appeals process for our state—one that is fairer, more efficient, and does not prolong the suffering of victims, but provides justice to all parties,” the statement said.

The legislation drew criticism from the American Bar Association and anti-death penalty groups, who said it could create situations where an inmate would have to challenge the competence of an attorney at the same time the attorney is defending them on direct appeal. ABA President Linda Klein wrote a letter to legislative leaders in early May, asking them to oppose the legislation.

“While the ABA respects the importance of finality and judicial efficiency, quicker resolution of cases where a life is at stake should not take priority over ensuring the fundamental fairness and accuracy of those convictions,” the letter said.

Frank Knaack, executive director of Alabama Appleseed, which opposed the bill, said it would "create all kinds of problems" for post-conviction attorneys trying to investigate claims of inadequate counsel.

"We were very optimistic when (Ivey) signed the (judicial) override bill that we were moving in a direction ensuring a fair and accurate death penalty process," he said. "This takes us in the opposite direction."

The Alabama Department of Corrections says as of Friday there were 183 people on death row – 178 men and five women. According to the Death Penalty Information Center, an anti-death penalty group, the number of death sentences handed down in Alabama fell from 25 in 1998 to six in 2015.

Source: Montgomery Advertiser, Brian Lyman, May 26, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Most Viewed (Last 7 Days)

Ohio: Alva Campbell execution delayed indefinitely

Here's as Crazy a Death Penalty Story as You'll Find

Nevada releases detailed manual on how it plans to execute death row inmate

A Travelling Executioner

No Second Chances: What to Do After a Botched Execution

Ohio: Alva Campbell will get wedge-shaped pillow for execution; his death could become a “spectacle”

Nevada death row inmate placed on suicide watch

Arizona: Man sentenced to death in 2011 death of 10-year-old locked in storage box

Too Old and Too Sick to Execute? No Such Thing in Ohio.

Nevada refuses Pfizer demand to return drugs state plans to use in execution