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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…

Another South Carolina Death Sentence Vacated

On Friday, May 25, 2017, the Office of the South Carolina Attorney General elected not to appeal a decision vacating the death sentence of Justice 360 client William Bell. 

In November 2016, Circuit Judge R. Lawton McIntosh found Mr. Bell intellectually disabled and, therefore, ineligible for the death penalty under the Eighth Amendment. 

The decision of the Attorney General not to appeal ends Mr. Bell’s lengthy struggle against an unconstitutional death sentence.

Mr. Bell was originally sentenced to death in 1989 in Anderson County, South Carolina. 

Justice 360 became involved in Mr. Bell’s case in 2013. 

Justice 360 attorneys Emily Paavola and Lindsey Vann litigated Mr. Bell’s claim that he is intellectually disabled. 

The pair, along with Mark Olive, investigated Mr. Bell’s life and presented evidence of his intellectual disability at a hearing in April 2016. 

After the hearing, Judge McIntosh found Mr. Bell to be intellectually disabled, which makes him constitutionally ineligible to be executed. 

As a result, Mr. Bell’s death sentence was vacated and cannot be reimposed.

Justice 360 commends the Attorney General’s thoughtful consideration of this case and decision not to appeal. 

The decision ensures no further taxpayer money or resources are spent defending an unconstitutional death sentence.

Justice 360 thanks the many other lawyers, investigators, and paralegals who dedicated their time and resources towards Mr. Bell’s case all of which lead to this just conclusion.

Source: Justice 360, Mandy Medlock, June 7, 2017

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