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As clock ticks toward another Trump presidency, federal death row prisoners appeal for clemency

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President-elect Donald Trump’s return to office is putting a spotlight on the U.S. penitentiary in Terre Haute, which houses federal death row. In Bloomington, a small community of death row spiritual advisors is struggling to support the prisoners to whom they minister.  Ross Martinie Eiler is a Mennonite, Episcopal lay minister and member of the Catholic Worker movement, which assists the homeless. And for the past three years, he’s served as a spiritual advisor for a man on federal death row.

SCOTUS Invites Former Clerk to Argue for Death Penalty in Richard Glossip's Case

The US Supreme Court invited a lawyer who clerked for the chief justice to argue in support of executing an Oklahoma man on death row who’s fighting his conviction.

Christopher Michel, a partner at Quinn Emanuel and former attorney in the Solicitor General’s Office, was asked in an order Friday to step into the rare death penalty appeal the court agreed to hear.

The case is unique because Oklahoma is supporting death row inmate Richard Glossip, who says prosecutors suppressed evidence in order to convict him of a murder-for-hire plot in 1997.

“While the State previously opposed relief for Glossip, it has concluded, based on careful review of new information that recently came to light relating to prosecutorial misconduct at Glossip’s trial and cumulative error, that Glossip’s conviction and capital sentence cannot stand,” the Oklahoma Attorney General Gentner Drummond and state Solicitor General Garry Gaskins told the court in July.

In situations where there isn’t an opposing party in a case, the court often asks attorneys who have clerked for the court to step in. 

Michel clerked for Chief Justice John Roberts on the Supreme Court and Justice Brett Kavanaugh when he was on the US Court of Appeals for the D.C. Circuit. 

He now co-chairs Quinn Emanuel’s national appellate practice.

The case is Glossip v. Oklahoma, U.S., No. 22-7466, 1/26/24.

Source: bloomberglaw.com, Lydia Wheeler, January 26, 2024

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