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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…

Alabama Enacts New Law to Speed Death Penalty Appeals

The Alabama Senate gave final passage on May 18th to the "Fair Justice Act" (Senate bill 187), a measure designed to speed up state appeals in death penalty cases, and on May 26th, Gov. Kay Ivey signed it into law.

That was also the day that Alabama carried out its long-delayed execution of Tommy Arthur, a 75-year-old inmate who had been convicted of a murder committed in 1982. Over the last 16 years, his execution had been scheduled on seven different dates, but each time was postponed by a series of legal appeals. The widely-publicized case highlighted how inmates in the state sometimes can remain on death row for decades.

The new bill, which will cover sentencing from July 1, sets new deadlines for filing appeals under state law, as well as how long state courts can take in deciding on those appeals. It would, for capital cases, amend Alabama's Rule 32 on post-conviction appeals based on trial defects, such as jury misconduct or ineffective assistance of counsel, by requiring that such appeals be brought at the same time as any other appeals the defendant may make.

Without this change, inmates facing death sentences can wait up to a full year after a direct appeal of their conviction before filing a Rule 32 appeal and beginning what can be a lengthy appeals process. The new law affects only appeals based on state law, so does not have any effect on appeals based on federal legal or constitutional claims.

State Attorney General Steve Marshall, a supporter of the bill, said it will allow death penalty appeals to "proceed in a fair and efficient manner," providing justice to all parties and avoiding prolonging the suffering of victims' families. He estimates the new state law could bring an average 5 to 6-year reduction in the time it takes the state to carry out death sentences, which would save the state more than $100,000 in total incarceration costs per condemned inmate. As of mid-June, Alabama had 182 inmates with death penalty convictions.

Marshall also claims that even with the sped-up timeline for appeals, the new law will not reduce inmates' opportunities for appeal, and will bring them better legal representation by requiring that they be appointed counsel for Rule 32 post-conviction appeals within 30 days of receiving a death sentence.

But opponents of the measure, including the American Bar Association, disagree. ABA president Linda A. Klein wrote legislators saying the bill would be "unlikely to achieve its intended goal of streamlining justice," since it might "unduly limit counsel's ability" to investigate potential issues for post-conviction appeals. Although the group takes no position on the death penalty itself, the ABA said the Alabama law runs counter to guidelines it has adopted for how appeals for such cases, including post-conviction appeals, should be handled.

Streamlining appeals procedures is not the only capital case topic on which Alabama has legislated recently. In April, Gov. Ivey signed into law a bill passed by wide margins in the legislature to end the state's unique law allowing judges to impose the death penalty even when a jury has recommended life imprisonment instead.

Source: Huffington Post, Christopher Zoukis, June 26, 2017. Mr. Zoukis is the author of Federal Prison Handbook: The Definitive Guide to Surviving the Federal Bureau of Prisons, College for Convicts: The Case for Higher Education in American Prisons (McFarland & Co., 2014) and Prison Education Guide (Prison Legal News Publishing, 2016)


Alabama Supreme Court Rejects Death Penalty Appeal


Alabama Supreme Court turns down death penalty appeal of man convicted of killing his girlfriend's toddler son.

The Alabama Supreme Court won't reconsider the sentence of a death row inmate who argued a judge had too much power in handing down the death penalty.

Justices on Friday turned down the appeal from Ronnie Lynn Kirksey, who was sentenced to death in 2010 after being convicted of killing his girlfriend's 23-month-old son.

The U.S. Supreme Court in 2016 ordered a review of Kirksey's sentence after that court struck down Florida's similar death penalty sentencing statute.

Kirksey argued his sentence was also unconstitutional because the jury, which suggested a death sentence, was told its decision was merely a recommendation.

The Court of Criminal Appeals upheld his sentence. Judges said there are key differences that make Alabama's statute constitutional. The state Supreme Court rejected his latest appeal with 1 dissent.

Source: Associated Press, June 26, 2017

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