Skip to main content

Supreme Court considers: When are defendants entitled to experts in death penalty cases?

Jury box
The U.S. Supreme Court is set to hear oral arguments Monday on a death penalty case that hasn’t attracted much attention, but could bring important new focus to the standard of whether experts must be appointed to the defense in capital punishment cases.

For 15 months, the lawyers appointed to represent Carlos Manual Ayestas in a 1997 Texas death penalty case did not investigate the facts to prepare for the trial.

Ayestas, an immigrant charged with the murder of a 67-year-old woman, told his lawyers about his background, which included multiple head traumas, regular cocaine and alcohol use, and mental health issues. Neither his trial lawyers, nor the investigator they hired, looked into any of this or even asked for a basic mental health exam. Furthermore, Ayestas’ lawyers presented no witnesses at trial.

It took the jury just 12 minutes to decide he should die for committing the murder.

It’s easy to sentence someone to death if the defense lawyer doesn’t tell jurors what kind of person’s life they have in their hands. At the crucial sentencing phase, the defense presented nothing to convince the jury to spare his life except for three letters from a prison instructor, who said that Ayestas was a “serious and attentive” student.

On Monday, the Supreme Court hears arguments in the case, following Ayestas’ unsuccessful appeals and habeas. The case goes to the core of what we expect our legal system to do: fully uncover the truth — on both sides — when the most serious criminal accusations are brought to court.

In his federal habeas petition, Ayestas argued that his trial lawyer failed to effectively investigate his case. Indeed, Ayestas had been diagnosed with schizophrenia and has been placed on antipsychotic medication in prison. To show what his trial lawyer missed, though, he would need to have funds to hire a social worker — called a mitigation specialist — to conduct a real investigation.

That was what the federal courts refused to provide, repeatedly rejecting this request.

The Supreme Court will hear arguments on this question: Are investigative or expert services reasonably needed to fulfill the federal statute requiring that the accused in death penalty cases receive an adequate defense? In this instance, the Fifth Circuit Court of Appeals had interpreted the statute to create a high bar, that a defendant must show a “substantial” and not a “reasonable” need for services.

The death penalty is reserved, not for the worst murderers, but for the people with the worst lawyers


Perhaps the most crucial job of a death penalty lawyer is to convey the background of the client. That requires a rigorous and thorough investigation, as the Supreme Court has explained and as the American Bar Association’s standards lay out in detail. Mitigation specialists, or social workers who conduct fact investigations, have the skills to ask questions about sensitive subjects like childhood abuse, mental illness, and substance abuse, which lawyers often lack.  Social workers are also much less costly than lawyers.

Unfortunately, for decades it was common for defense lawyers to fail to investigate. Jurors never heard all of the facts, and appeals courts regularly denied relief in death penalty cases that became infamous: cases with sleeping, drug-addicted and drunk lawyers, and lawyers who freely admitted they had not prepared for trial.

The death penalty was reserved not for the worst murderers, but as legendary death penalty lawyer Stephen Bright famously put it, the people with the worst lawyers.

US Supreme CourtI have studied Virginia death penalty trials from the 1990s and found that sentencing phases in those trials were typically very short, averaging less than two days long, with very little evidence put on by the defense. But after 2005, when regional capital defender’s offices were created in Virginia, the sentencing phase was longer, and the defense commonly presented more witnesses. As a result, juries rejected the death penalty a majority of the time.

In 2016, just 31 people were sentenced to death in the entire country: a remarkable decline in death sentencing from its peak of over three hundred per year in the mid-1990s. I have spent the past several years collecting data on death sentencing, and I found that the quality of defense lawyering has changed the game. States like Virginia that have statewide capital defense offices experienced far greater declines in death sentences than states that have none.

In recent cases in Texas, jurors have rejected death sentences in about half of the death penalty trials in the past few years, often due to mental health evidence, evidence of childhood abuse and of addiction — the same type of evidence that Ayestas’ lawyers failed to investigate.

The Supreme Court has already emphasized the importance of a meaningful, factual investigation in capital cases. The Ayestas case can help to cement the importance of that role. It is crucial that federal courts and also the states provide the resources for social background investigations, and not just in death penalty cases.

It is a disturbing reality that the way we sentenced hundreds of people to death each year in decades past was to often hide the truth from the jurors. When jurors do hear about the social background of the defendant, they often decide to reject harsh punishment. The Ayestas case illustrates how knowing the facts of a case truly is a matter of life and death.

Source: The Washington Post, Brandon Garrett, October 30, 2017. Brandon Garrett is the Justice Thurgood Marshall Distinguished Professor of Law at the University of Virginia School of Law.  This fall, Harvard University Press published his new book, “End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice.


A Supreme Court case could give the poor a better chance to escape the death penalty


US Supreme CourtNo one should face execution because they're too poor to put on a defense. That's the principle the Supreme Court will consider when it hears Ayestas vs. Davis on Monday.

In states with a death penalty, after a jury convicts a defendant of 1st degree murder, the jury hears evidence and decides whether to recommend a death sentence. The jury is required to consider the aggravating and the mitigating factors in coming to its conclusion.

Carlos Ayestas was convicted of murder and sentenced to death in Houston in 1997. His court-appointed trial lawyers performed virtually no background or mental health investigation before the penalty phase of his trial. Instead of presenting days or weeks' worth of evidence explaining why their client should not be sentenced to death, Ayestas' lawyers spoke for 2 minutes about the progress Ayestas had made in prison language classes.

There was much more to tell. Evidence suggests that Ayestas has suffered multiple head traumas, has a history of substance abuse and shows signs of mental illness. He has received 1 diagnosis of schizophrenia by a jailhouse medical professional, but he has never been seen by an independent expert. Each of these avenues of investigation was capable of producing mitigating evidence that might have prompted a jury to refuse a capital sentence.

The Supreme Court has held that when attorneys fail to investigate possible mitigating evidence for the penalty phase of a trial, it constitutes "ineffective assistance of counsel" and is a basis for overturning a conviction or a sentence. Nonetheless, after Ayestas was sentenced to death, his case was brought to the Texas Court of Criminal Appeals without success. Then new lawyers for Ayestas filed a petition for a writ of habeas corpus in U.S. district court. This federal court can grant the petition and order a new proceeding if it finds that a defendant's constitutional rights have been violated.

To support the habeas corpus petition, Ayestas' lawyers requested a court-funded investigator for their indigent client. In almost every federal court, such investigations are routinely authorized. But Ayestas' request was denied, and when the denial was appealed to the 5th U.S. Circuit Court of Appeals, the judges said Ayestas had to show what an investigation would uncover before it would approve funding for an investigation. This type of circular logic is indefensible and at odds with basic norms about the right to legal representation. A poor defendant should not be forced to prove what an investigation will uncover in order to undertake it.

Ayestas' federal appeals were doomed because of an accident of geography. The courts in Texas are historically outliers when it comes to ensuring basic legal representation in death penalty cases. Where most federal courts appoint experts and investigators if they're "reasonably necessary," the 5th Circuit uses a much stricter standard. And when Ayestas' case was taken up, the federal public defenders office in Texas didn't have a Capital Habeas Unit - a group of attorneys, including mitigation specialists, that concentrate on death-sentence appeals. If a CHU had been assigned to his case (or if he'd been able to finance his representation), the basic investigation Ayestas requested would have been done as a matter of course. (The Texas courts have since established a CHU.)

In any other area of the country, the investigation Ayestas deserved almost certainly would have been granted. The Supreme Court now has an opportunity to ensure that everyone who faces the death penalty, no matter where they are in the U.S., will have the chance to uncover the information that might make a difference to a jury. No one should be put to death just because he or she is too poor to conduct an investigation.

Source: Los Angeles Times, Op-Ed, Erwin Chemerinsky, October 30, 2017. Mr. Chemerinsky is dean of the UC Berkeley School of Law.


⚑ | 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!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Comments

Most viewed (Last 7 days)

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee set to execute Anthony Darrell Hines

Barring any last-minute interventions, the Tennessee Department of Correction will execute Anthony Darrell Hines by lethal injection at Riverbend Maximum Security Institution in Nashville Thursday morning. This week, two courts had the opportunity to halt the execution: the federal court in Middle Tennessee and the U.S. Supreme Court. Gov. Bill Lee announced Tuesday he personally would not prevent the execution. “After deliberate consideration of Anthony Darrell Hines’ request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene,” he said in a written statement. The U.S. Supreme Court has not granted a stay or reprieve.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Alabama Set To Carry Out Execution This Week

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland.  The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama.  Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Ohio Gov. Mike DeWine issues three death penalty reprieves

COLUMBUS, Ohio (WCMH) – Ohio Gov. Mike DeWine issued execution reprieves for three death row inmates on Friday. In a statement, DeWine said he issued reprieves for Keith LaMar, Scott Group, and Davel Chinn, all of whom were set to be executed early next year. LaMar was scheduled to be executed on Jan. 13, 2027. He was convicted of aggravated murder for the deaths of five inmates during a 1993 riot at the Southern Ohio Correctional Institution in Lucasville. He received the death penalty for four of the killings. His new execution date is Jan. 13, 2030. Watch the latest NBC4 headlines in the video player above.

Arizona prosecutors seek death penalty a second time for 2 inmates

County Attorney Brad Miller said Aug. 6 that the nature of the attack and both men's past criminal records meet the strict legal bar required for execution under Arizona law. FLORENCE, Ariz. - Pinal County prosecutors are seeking the death penalty against two inmates accused of violently killing a fellow prisoner behind bars, officials announced Thursday. Pinal County Attorney Brad Miller filed a Notice of Intent to Seek the Death Penalty against Pete Van Winkle and Tracy Hampton in connection with the fatal attack on Kenneth Thompson.