Skip to main content

Texas Election Could Determine Fate of Death Row Inmates

Texas voters are among a minority of Americans whose ballots include the state's courts. And this year, Texans could potentially shake up the Court of Criminal Appeals, which has the power to appeal the sentences of the 191 inmates currently on death row.

Texas is 1 of 7 states that elects its own judges in partisan elections and 1 of 2 states with a bifurcated appellate process, meaning there are separate appeals courts for civil and criminal matters. Although the state has 14 lower courts, where criminal cases are typically heard before they reach the Texas Court of Criminal Appeals, death penalty cases are unique and go directly to the Court of Criminal Appeals, the state's highest criminal court.

Of the Court of Criminal Appeals' 9 members, 3 judges are up for re-election this year: Mary Lou Keel, Scott Walker and Jesse McClure, although Keel is running uncontested. Currently, all 9 judges are Republicans. Democrats have not won a seat on the court since the late 1990s.

Because judges in Texas are chosen in partisan elections, voters could potentially flip 2 seats in the midterms. While a shift in the court's makeup wouldn't be enough to give Democrats a majority, voters could elect 2 liberal judges who are generally less supportive of the death penalty than their conservative counterparts, studies show.

"With Republican judges more likely to uphold death sentences and the current court entirely composed of Republicans, it may be no surprise that Texas tends to execute more individuals than most other states in the U.S.," Alex Badas, an assistant professor of political science at the University of Houston, told Newsweek.

Texas is among 27 states with the death penalty. Since 1976, the state has executed 576 state inmates and 6 federal inmates—the highest number executions per state in the U.S. In the last 2 years, 9 people have been executed in Texas. Comparably, Oklahoma has executed 6 people since 2020 and Missouri has executed 3.

The Texas Court of Criminal Appeals, which oversees cases where individuals challenge their death sentence and determines whether there were legal errors in previous proceedings, has rarely overturned the death penalty.

Although it is much more likely for the court to uphold a death penalty conviction, there have been cases in which judges ordered death sentences to be revisited. Earlier this year, the court halted the executions of Melissa Lucio and Ramiro Gonzales.

In May, the court issued a stay of execution for Lucio, who was convicted of capital murder in the death of her 2-year-old daughter, 2 days before she was set to die by lethal injection. And in July, the court halted the execution of Gonzales, who was sentenced to death for kidnapping, raping and killing Bridget Townsend, 2 days before his scheduled execution.

"Even in Texas, while a majority still support the death sentence, the numbers are getting smaller," Badas said. "There is some evidence that judges—especially those who are elected—may be influenced by public opinion when hearing death penalty appeals."

A poll conducted by the University of Texas/Texas Tribune last year found that while the majority of Texas voters, 63 %, support keeping the death penalty for people convicted of violent crimes, that figure has fallen drastically in the last decade. When pollsters asked the same question in 2010, 78 percent of Texas voters supported the death penalty.

Of the 3 judges up for re-election this year, two are facing Democratic challengers—Judge Dana Huffman, who is running against Walker, and Judge Robert Johnson, who is running against McClure. Huffman and Johnson were elected as trial court judges, but they will need significantly greater support to defeat the Republican incumbents on the Court of Criminal Appeals.

"Trial court judges are elected in local communities, but they are now running for statewide office," the University of North Texas' Wendy Watson told Newsweek. "And Texas is a very, very big state."

Most Texas voters know little about who is on the Court of Criminal Appeals, and even less about their challengers, so they are likely to vote based on political affiliation. This can make it difficult for liberal judges to win, as Republican voters significantly outnumber Democratic voters in Texas.

While judicial elections are notoriously "low information" elections, Watson said, "information [about a candidate] is far more likely to hurt than to help them." Judges running for election typically want to appear neutral and as though they have not prejudged any issue that might come before them. To do this, they often avoid taking clear stances, especially on the death penalty.

"If you visit the websites of all of these candidates—regardless of partisan affiliation—you will find a commitment to making the courts accessible, and that is about it," Watson said. "They have not publicly staked out a position on any actual legal issues."

Given the political beliefs of many Texans, a candidate who is explicitly opposed to capital punishment would be unlikely to win election, even for a lower court in the state. And it would be wise for judges, even after they're elected, to refrain from taking a strong position on the death penalty if they want to serve more than one term.

Since Keel will keep her seat and because McClure and Walker, who is the most conservative of the 3, are favored to win, Badas said Texas' highest criminal court is likely to stay all Republican.

"Based on this, I would expect the court would be more likely to deny relief in death penalty cases and more likely to uphold them," he said.

Source: Newsweek, Katherine Fung, October 28, 2022





🚩 | 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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.