Skip to main content

California’s top court declines to overhaul death penalty

SAN FRANCISCO — The California Supreme Court on Thursday decided to leave the state’s death penalty law intact, refusing an entreaty from Gov. Gavin Newsom that would have overturned scores of death sentences.

In a unanimous decision, the state’s highest court said there was little legal support under state law for overhauling the law, as opponents of capital punishment urged. In fact, the court said, some of the precedents cited by defense lawyers actually undercut their position.

Defense lawyers had argued the state’s capital punishment law was unconstitutional because it failed to require jurors to unanimously agree beyond a reasonable doubt on the reasons why a defendant should be sentenced to death instead of life without possibility of parole.

A decision to impose the death penalty also should be made beyond a reasonable doubt, the standard now used in deciding guilt, the lawyers said.

If the court had agreed, hundreds — if not all — death sentences would have had to be overturned because such decisions generally apply retroactively.

Justice Goodwin Liu, who wrote the ruling, said some of the cases cited by defense attorneys did not support their position. “If anything,” he said, they suggested “the ultimate penalty determination is entirely within the discretion of the jury.”

The court did not reject the constitutional arguments raised by Newsom but said they did “not bear directly on the specific state law questions before us.”

In a concurring opinion, Liu said there was enough U.S. Supreme Court precedent to warrant reconsidering California’s death penalty rules in future cases. He noted that some other states have changed their capital punishment requirements as a result of more recent Supreme Court rulings on the 6th Amendment, which protects the trial rights of the criminally accused.

“Although today’s decision does not revisit this issue, I believe the issue should be reexamined in a case where it is more fully developed,” Liu wrote. “The constitutionality of our death penalty scheme in light of two decades of evolving 6th Amendment jurisprudence deserves careful and thorough reconsideration.”

The issue arose in an appeal brought by condemned inmate Don’te Lamont McDaniel, convicted of killing two people in 2004 and wounding two witnesses in a drug dispute at South Los Angeles’ Nickerson Gardens public housing project. The deceased were 33-year-old George Brooks and Brooks’ 52-year-old cousin, Annette Anderson.

The court instead upheld his death sentence Thursday.

In written arguments to the court, Newsom assailed the death penalty as racist and cited study after study that found the system discriminated against Black and Latino defendants. He did not ask the court to abolish the death penalty, a move that voters have rejected, but to change how it was administered.

The state high court has long dismissed some of the arguments that death penalty opponents raised in McDaniel’s case. But death penalty supporters became worried when the court asked for written arguments on the constitutional questions.

The court also has changed substantially in recent years. Five of the seven justices were appointed by Newsom and his predecessor, Gov. Jerry Brown, both opponents of the death penalty.

John Mills, who represented two scholars of the state Constitution as friends of the court, said the ruling and Liu’s concurrence have provided a road map for future challenges that may be more likely to succeed.

He predicted death row inmates will soon bring the kinds of claims that Liu said might be persuasive but were not at issue in McDaniel’s appeal.

“He was laying out some concerns that were not presented by Mr. McDaniel about the operations of the California death penalty statue that he is concerned may violate the federal Constitution,” Mills said. “Those issues remain an open question in California because they were not litigated in this case.”

Mills said the Legislature also could change the law to bring more fairness to the penalty phase of death penalty trials by adopting new rules.

California has more than 700 inmates on death row, but legal challenges have stymied executions. Only 13 inmates have been executed since 1992, and Newsom imposed a moratorium on executions during his time in office.

Source: latimes.com, Maura Dolan, August 26, 2021


🚩 | 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

Most viewed (Last 7 days)

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Florida Cop-killer Billy Kearse set to be executed today

A man who confessed to fatally shooting Fort Pierce Police Officer Danny Parrish with his own service weapon during a 1991 traffic stop is scheduled to be executed starting at 6 p.m. March 3, barring a last-minute stay. Billy L. Kearse, 53, will be the third person put to death by the state this year, just one week after the execution of Melvin Trotter, who was convicted of first-degree murder and sentenced to death for strangling and stabbing Virgie Langford in Palmetto in 1986. The Florida Supreme Court on Feb. 12 denied a motion for a stay of execution and a motion for an extension due to the fading health and death of the father of Kearse's attorney. Attorneys for Kearse have filed a motion with the U.S. Supreme Court to stop the execution, citing violations of the Sixth, Eighth and 14th Amendments of the United States Constitution.

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

‘Come on with it’: Arkansas inmate asks to hasten execution

A Faulkner County judge has scheduled an August hearing to determine whether a death row inmate can bypass his attorney’s advice, drop his remaining appeals, and hasten his execution.  Scotty Ray Gardner, 65, is facing the death penalty for the 2016 killing of his girlfriend, Susan Heather Stubbs, in Conway.  In letters sent to Circuit Judge Chuck Clawson and the Arkansas Democrat-Gazette, Gardner said he wants to end his legal battles, writing that he is tired of prison life and skeptical he will receive a fair hearing.  “It’s simple,” Gardner wrote in a September letter. “Come on with it.” 

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.