Skip to main content

Texas: Surviving bad lawyers just got tougher for death row inmates

Texas' death row, Polunsky Unit, Livingston
Texas' death row, Polunsky Unit, Livingston
For inmates on death row, having a bad lawyer just got deadlier.

In a ruling Monday against a Texas death row inmate who claimed his lawyer failed to argue his case adequately, the Supreme Court ruled that federal courts could not review prisoners' claims that their state appeals lawyers were ineffective, resolving an issue that had split courts across the country.

The decision makes it harder for death row inmates who had poor legal representation to make that part of their appeals, a particular issue for poor inmates who likely have court-appointed lawyers in the early stages of their cases.

"It does perpetuate a system of inequality," said Sean O'Brien, a law professor at the University of Missouri-Kansas City School of Law who has argued several capital punishment cases and served as the director of many of the school's criminal defense law clinics. "It gives the state a reward for giving prisoners incompetent lawyers in state post-conviction.... That's the net effect of this."

In 2008, Erick Davila was convicted of fatally shooting a 5-year-old girl and her grandmother. Davila argued that he had meant to shoot a rival gang member - the girl's father. The fact that he had not meant to kill more than 1 person should have made him ineligible for a capital murder verdict and the death penalty. But the judge gave the trial jury incorrect instructions about Davila's eligibility, and they sentenced him to death by lethal injection.

During Davila's appeal, his lawyer failed to argue that those bad instructions affected Davis' sentencing. Then, crucially, during Davila's post-conviction proceedings in state court, a new lawyer didn't bring up the appeal lawyer's failure to mention the instructions. With his case now up for a federal appeal, Davila's latest lawyer argued that because his appeals lawyer was incompetent, the federal court should review the impact of the inaccurate instructions to the jury.

Federal courts, however, typically won't rule on issues that could have been reviewed at the state level.

"The question is [not] really whether or not Davila had a fair trial," O'Brien said. "He did not. The question is whether the federal court can remedy that he had an unfair trial."

The answer to that question, the justices ruled in a 5-4 decision in Davila v. Davis, is no.

"Claims of ineffective assistance of appellate counsel, however, do not pose the same risk that a trial error - of any kind - will escape review altogether," Justice Clarence Thomas wrote in the majority opinion. (Thanks to a 2011 Supreme Court case, federal courts can already review lawyers' mistakes at the trial level.) Thomas added that, if the court ruled in Davila's favor, "Not only would these burdens on the federal courts and our federal system be severe, but the benefit would - as a systemic matter - be small."

It's unclear just how many cases will be affected by Monday's ruling. During oral arguments, lawyers for Texas argued that a ruling in Davila's favor could unleash a "flood" of cases into federal courts. Texas Attorney General Ken Paxton echoed that assessment in a statement celebrating the ruling, saying, "Had the high court ruled otherwise, states and the federal court system would have been burdened with an avalanche of claims facing an infinitesimal chance of success."

"It's going to exacerbate the difference between prisoners who have access to good lawyers and those who don't."

Stephen Vladeck, a professor at the University of Texas School of Law who wrote about the case for the Supreme Court outlet SCOTUSBlog, says this case wasn't just about the fates of what both he and O'Brien believe will actually be only a small number of prisoners who find themselves in situations like Davila's. Instead, Vladeck says, the case demonstrates a "lack of doctrine that responds to and accounts for these inequalities" in the criminal justice system - particularly for people facing capital punishment.

"It's going to further exacerbate the difference between state prisoners who have access to good lawyers for their post-conviction proceedings, and those who don't," Vladeck said. "Because the good lawyers will be able to salvage the ineffectiveness of the appellate counsel."

That difference may be steep. A Harvard Law School study of the 16 counties that imposed the death penalty 5 or more times between 2010 and 2015 (3 were in Texas) found "appalling inadequacies" in the quality of legal defense.

"You've got to win the lottery and get 3 good lawyers in a row," O'Brien said of the trial, appellate, and post-conviction process. "Even if you do get 1 good lawyer, the other 2 lawyers are going to undo the work of that lawyer.... They have a hard time consistently providing competent lawyers at the trial level, especially Texas."

As of late last year, Texas had executed more people than any other state - including 3 people who were sentenced to death after their lawyers slept through parts of their trials.

"It's going to be the occasional case that we'll see where this case makes a difference between life and death," O'Brien said of the Supreme Court ruling. "There will be some prisoners who will lose the capital punishment lottery because of this principle."

Source: vice.com, June 28, 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)

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place. 

Iran executes Esma Zarei in Ardabil Prison after she gave birth in custody

Hengaw – Saturday, May 23, 2026. Iranian authorities have executed Esma Zarei, a 28-year-old Turkish woman from Parsabad in Ardabil Province, who had previously been sentenced to death on charges of “premeditated murder” in connection with the killing of her husband. She is the sixth woman executed in Iran since the beginning of 2026. According to information received by Hengaw Organization for Human Rights, Zarei was executed at dawn on Wednesday, May 20, 2026, in Ardabil Central Prison. She had been sentenced to qisas (retribution-in-kind) after being convicted of her husband’s murder.

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Iraq: German schoolgirl, 17, turned jihadi bride escapes death penalty and is jailed for six years

GERMAN Jihadi bride Linda Wenzel has been jailed for six years in Baghdad for her role as an Islamic enforcer with terror group ISIS. Wenzel, 17, who last year sobbed on TV “I have ruined my life,” could have faced the death penalty. German media reported that a German embassy representative in Iraq was in court yesterday to witness her sentencing. She received five years for joining IS and one year for entering Iraq illegally. Wenzel was found in the rubble of IS stronghold Mosul back in the summer of 2017. Charges were laid against her and three other German women captured with her. Schoolgirl Wenzel fled to Turkey then into Syria last year from her hometown of Pulsnitz in eastern Germany after being groomed online by a Chechen IS fighter who she married. He was killed in the savage fighting for Mosul while she was employed by the terror group enforcing the strict Islamic dress code on women in the city. She burst into tears after her capture and said s...

Florida | Jury recommends death for Otto Lenke, judge to make final call

FORT PIERCE, Fla. — A St. Lucie County jury recommended the death penalty for Otto Lenke on Thursday in the penalty phase of his first-degree murder trial, though the final decision rests with the judge. Lenke, 66, a former Melbourne police officer and Indian River County firefighter , was convicted earlier this month of first-degree murder and first-degree arson in the Feb. 17, 2021, killing of Richard Benson at Fast Frank’s Custom Cycle Components, Benson’s motorcycle repair shop in Fort Pierce . Prosecutors said Lenke shot Benson multiple times inside the shop, then poured a flammable liquid on him and set him on fire while he was still alive. Surveillance video from the shop captured the attack.