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Showing posts with the label Inadequate counsel

Why Is Bryan Kohberger Trying to Withdraw Guilty Plea for the Idaho Murders? A Legal Analyst Explains

The former doctoral student pled guilty in 2025 to the murders of four University of Idaho students. A legal expert has called Bryan Kohberger’s attempt to abandon his guilty plea “highly unlikely” to succeed after the convicted killer filed a petition for post-conviction relief in an Idaho court. Kohberger pleaded guilty in 2025 to killing four University of Idaho students, waiving his right to a trial and avoiding a possible death penalty conviction. He received four life sentences in prison. On July 27, Kohberger filed a petition for post-conviction relief in the Ada County District Court. He looks to withdraw his guilty plea and conviction and seeks a trial on the murder charges.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.

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.

Despite Serious Concerns about Trial’s Fairness and Anthony Boyd’s Innocence, Alabama Plans to Execute Him Using Nitrogen Gas

Anthony Boyd is sched­uled to be exe­cut­ed in Alabama on October 23, 2025, for his role in the 1993 kid­nap­ping and mur­der of Gregory "New York” Huguley. Mr. Boyd was con­vict­ed based sole­ly on eye­wit­ness tes­ti­mo­ny with no phys­i­cal evi­dence link­ing him to the crime, and he has main­tained his inno­cence. Alabama will exe­cute Mr. Boyd using nitro­gen gas, the 7th time state has used this con­tro­ver­sial method since January 2024, when the state exe­cut­ed Kenneth Smith in the 1st-ever exe­cu­tion of its kind.

He Was Convicted Entirely On Clashing Eyewitness Testimony. Alabama Plans to Execute Him Next Week.

No physical evidence connected Anthony Boyd to a 1993 murder. He was sent to death row on the word of a co-defendant who testified under the threat of capital punishment. On the afternoon of August 1, 1993, the Talladega County Sheriff’s Department got a call to check out the ballfields in Munford, Alabama. When they arrived, they discovered a man’s badly burned body lying underneath an oak tree where spectators would sit to watch softball games. A pair of cinderblocks were nearby, and a charred wooden board was next to him.  Unable to identify the body, the state’s forensic pathologist cut off a hand during the autopsy in order to take fingerprints. They came back as a match for Gregory “New York” Huguley, 32, who lived in Anniston, about 20 minutes north of Munford. 

Missouri Gov. Denies Clemency as Lance Shockley Faces Execution as Supreme Court Declines to Hear

JEFFERSON CITY, Mo. — As Missouri prepares to execute Lance Shockley on Oct. 14, Amnesty International and human rights supporters are calling on Gov. Mike Kehoe to halt the execution, citing alleged trial irregularities and the U.S. Supreme Court’s refusal to hear his appeal. Amnesty International USA Deputy Director for Research Justin Mazzola urged the governor Monday to grant clemency, according to a press release. “Amnesty International urgently calls on Missouri Governor Mike Kehoe to act now to stop the scheduled execution of Lance Shockley,” said Mazzola. “We are seeing an outpouring of support for Lance Shockley to live. Last week, petitioners delivered a petition with 31,000 signatures to Governor Kehoe’s office calling on him to stop Shockley’s execution.”

Idaho’s only woman on death row appeals over brain damage. Justices just ruled

BOISE (Idaho Statesman) — Idaho took another step toward its first execution of a female prisoner after the state’s highest court rejected an appeal Thursday from the only woman on its death row. The Idaho Supreme Court ruled to deny a request to send the capital case of Robin Row, convicted of three murders more than 30 years ago, back to state district court for possible resentencing to life in prison. Her attorneys argued she received inadequate legal representation in her original trial, when she was sentenced to death, after they failed to offer evidence of Row’s brain damage.

Florida | Death Row Inmate Died by Suicide Tuesday Night After Kayle Bates’ Execution

DOC records show that Matthew Caylor died Wednesday after over 15 years on Florida's death row According to Florida Department of Corrections (DOC) records, Florida death row prisoner Matthew Caylor died Wednesday, August 20, while in DOC custody after serving over 15 years on death row.  Caylor was 50 years old at the time of his death. Sources indicate Caylor died by suicide Tuesday night after Kayle Bates’ execution . State policy requires that an autopsy be performed for all deaths; however, those records would only be accessible through a public records request.

Louisiana | Mother calls for man exonerated of raping and murdering her child to go free

Wrongful convictions by 2 discredited Mississippi experts tops at least 10. A victim’s family in Louisiana is now speaking out.  Prosecutors fighting the release of death row inmate Jimmie Duncan after a judge found him “factually innocent” of raping and murdering 23-month-old Haley Oliveaux are “not speaking for Haley’s family,” her mother says.  Speaking publicly for the 1st time, Allison Layton Statham called for Duncan to go free in a July 22 bail hearing. “This innocent man is on death row,” she told Mississippi Today. “Justice needs to be done.”  In April, a judge threw out Duncan’s conviction, questioning their conclusions and citing the failures of his court-appointed counsel.

Anthony Wainwright, Executed June 10 in Florida, Lost Federal Appeals Due to Lawyers’ Mistakes and Indifference and Was Denied Counsel of His Choice

When a lawyer makes a mis­take, who suf­fers the con­se­quences? The ​“agency prin­ci­ple” says the client does, under the ratio­nale that clients choose their lawyers and autho­rize their actions. But courts uni­ver­sal­ly apply this prin­ci­ple to all attor­ney-client rela­tion­ships, includ­ing when indi­gent, iso­lat­ed death-sen­tenced pris­on­ers are appoint­ed attor­neys by the state, with lit­tle or no means of con­trol­ling their lawyers’ actions.  Many com­men­ta­tors have not­ed the prob­lems apply­ing this the­o­ry to those on death row. Building on work by Professor Eric M. Freedman and Paul Sessa, DPI recent­ly doc­u­ment­ed cas­es where attor­neys missed fil­ing dead­lines, result­ing in courts dis­miss­ing fed­er­al appeals for over six­ty men.

US | The ​“Fiction of Agency”: Jeffrey Hutchinson Is the Latest of Many Executed After Attorneys Missed Deadlines to File Federal Appeals

On May 1, Jeffrey Hutchinson, a Gulf War vet­er­an, was exe­cut­ed in Florida for the mur­ders of his girl­friend and her three young chil­dren. As he fought behind ene­my lines in some of the most dan­ger­ous regions on earth, bombs rat­tled and nerve gas cor­rod­ed his brain, caus­ing per­ma­nent dam­age that would con­tribute to the tragedy just a few years lat­er. ​“His mind was a casu­al­ty, just like any limb lost in com­bat,” a group of 129 mil­i­tary vet­er­ans wrote in a let­ter urg­ing Gov. Ron DeSantis to halt the exe­cu­tion. But no fed­er­al court ever con­sid­ered whether Mr. Hutchinson’s life should be spared because of the phys­i­cal and men­tal trau­ma he suf­fered in the mil­i­tary. His fed­er­al appeals were dis­missed not because they did not have mer­it, but because his attor­neys mis­cal­cu­lat­ed a filing deadline.

Alabama death row inmate facing execution to represent himself in appeal

An Alabama death row inmate plans to represent himself in a final appeal of his sentence, weeks before his execution. Gregory Hunt, convicted of the 1998 murder and sexual assault of Karen Lane, will argue that he killed but did not sexually assault Lane, which would reduce his charge from capital murder to murder and make him ineligible for the death penalty. “I think that Greg is at peace no matter what happens,” Pastor Jeff Hood, who works with inmates on Alabama’s death row, said at a news conference on Tuesday. “I think he is prepared to die no matter what happens, but he wants people to know that he is sorry for killing Karen Lane but that he did not sexually assault her.”

Indiana man set for execution in state's second since 2009

MICHIGAN CITY, Ind. (AP) — An Indiana man convicted in the 2000 killing of a police officer is set to receive a lethal injection early Tuesday in the state’s second execution in 15 years. Benjamin Ritchie, 45, has been on death row for more than 20 years after being convicted in the fatal shooting of Beech Grove Police Officer Bill Toney during a foot chase. Unless there’s last-minute court action, Ritchie is scheduled to be executed “before the hour of sunrise” at the Indiana State Prison in Michigan City, according to state officials.

Wyoming Hasn't Executed Anyone In 33 Years, But It's Tried

It's been 33 years since Wyoming Gov. Mike Sullivan stood in his office next to his priest, warring with himself over the execution of convicted serial killer Mark Hopkinson. The state hasn't executed anyone since that day — but it's tried. In the final few moments of convicted killer Mark Hopkinson’s life, protesters converged on the Wyoming State Capitol while the governor stood in his office, with a priest by his side. The state of Wyoming executed Hopkinson by lethal injection Jan. 22, 1992, at the Wyoming State Penitentiary in Rawlins — 13 years after he was convicted.

Indiana death row inmate asks US Supreme Court to halt execution

An Indiana death row inmate set to be executed in less than 2 weeks is asking for the nation's highest court to intervene.  Lawyers for Benjamin Ritchie wrote that their client was "sentenced to death based on inaccurate information" in a May 7 filing to the U.S. Supreme Court. They are asking for the execution to be paused so that Ritchie can pursue appeals related to ineffective assistance of counsel at the time of his trial.

Louisiana Judge Nullifies Death Row Inmate’s Murder Conviction That Was Based on Junk Science

Following a Verite News and ProPublica investigation, a district judge vacated the death sentence of Jimmie Duncan, whose 1998 murder conviction was based on allegedly fabricated bite mark analysis. It remains unclear if Duncan will walk free. A Louisiana judge this week set aside the first-degree murder conviction and death sentence of Jimmie Chris Duncan, whose 1998 conviction for killing his girlfriend’s 23-month-old daughter was based in part on bite mark evidence that experts now say is junk science . The decision comes after a Verite News and ProPublica investigation in March examined the questions surrounding Duncan’s conviction as Gov. Jeff Landry, a staunch death penalty advocate, made moves to expedite executions after a 15-year pause.

Indiana Supreme Court sets May 20 execution date for death row inmate Benjamin Ritchie

The condemned man has exhausted his appeals but is likely to seek a clemency plea. Indiana Supreme Court justices on Tuesday set a May 20 execution date for death row inmate Benjamin Ritchie, who was convicted in 2002 for killing a law enforcement officer from Beech Grove. The high court’s decision followed a series of exhausted appeals previously filed by Ritchie and his legal team. The inmate’s request for post-conviction relief was denied in Tuesday’s 13-page order, penned by Chief Justice Loretta Rush, although she disagreed with the decision in her opinion.

Iran executes Jewish man for fatal stabbing

Arvin Netanel Ghahremani's relatives claim he did not receive adequate defense. Authorities in Iran on Monday executed a Jewish man, Arvin Nathaniel Ghahremani, who had been sentenced to death for murder, Iranian media reported. “The sentence of retribution was executed this morning,” said Hamidreza Karimi, the prosecutor for Kermanshah in western Iran, according to the Mehr news agency.

Missouri Case is a Reminder That America Needs to Face Up to the False Conviction Epidemic in Death Cases

The wheels of justice turn slowly, especially for death row inmates who are the victims of miscarriages of justice. Marcellus Williams , who has been on Missouri’s death row since 2001 and is scheduled to be executed on September 24, knows that all too well. Next week he will finally get a chance to prove his innocence.

The Execution Of Michael Smith: A Full Account From Oklahoma

*Earlier today, I released all of my writings on the April 4, 2024 execution of my friend Michael Smith in Oklahoma. Below is the chapter that I wrote about Smith’s execution. The entire book “Underrepresented: Michael Smith, Oklahoma & the Death Penalty” is available for purchase here (Amazon).