Back in January 2010, we first took note of something sinister happening over in Texas — media spotlights were revealing that over a dozen Texas Death Row inmates had had their IQ scores suspiciously bumped up to a sufficiently high number that they were eligible for the death penalty and execution.  (Read that post for…

Yesterday, legislation passed in the Florida Senate to make radical changes to the state criminal justice system – and this will have a major impact upon how death penalty cases are handled here in the State of Florida if the Powers That Be can get this through the necessary hurdle of a constitutional amendment.

All…

As the Florida Capital Resource Center grows, stories like this will become more commonplace – but today, it’s a major victory we’re celebrating since the First District Court of Appeals has ruled in favor of allowing additional mitigation expertise in a pending prosecution where the death penalty is being sought.

As Terry puts it, "Our…

This past week, it was announced to the public by Casey Anthony’s defense team that Florida’s Ann E. Finnell had joined them, the latest death-qualified defense attorney to represent the young woman accused of murdering her toddler-daughter, Caylee Marie. 

This news comes on the heels of Professor Andrea Lyon withdrawing from the case in late…

The dichotomy speaks for itself, really, and it’s a lot to ponder.  First, in the national news this week, we have a prominent New York law firm, Sullivan & Cromwell, whose errors may cost Alabama Death Row’s Cory Maples his life.  On the other end of the spectrum, we learn yesterday that Iran’s Sakineh Mohammedi Ashtiani’s death penalty attorney who had been missing for almost a week, Mohammed Mostafaei, is alive and seeking asylum in Turkey after, apparently, advocating too well for his adultery-charged client who faces execution by stoning. 

The Quality of Representation Received by Alabama Death Row’s Cory Maples

Earlier this week, we wrote on the Cory Maples situation.  In sum, two New York associates from swanky Sullivan & Cromwell walked into an Alabama trial court, post-conviction (pro hac vices granted), and filed a motion under Rule 32 of the Alabama Rules of Criminal Procedure.  Thereafter, the two associates left the law firm, and when the court clerk sent out notices that the Rule 32 motion had been denied (tick tick tick of the appellate clock), Sullivan & Cromwell returned the notices: "return to sender." 

Of importance, the Rule 32 Motion was denied in part because of (1) failure to state a claim and (2) asserting arguments that were to be made in direct appeal. Also of importance, their signature blocks never gave the firm’s name, just the individual attorneys — and yet, the law firm kept the representation after the two lawyers left its employ, learning of the missed appellate deadlines only after their client’s mother called to check on status.  

This very serious situation has been made the subject of this week’s Brief of the Week at the National Law Journal.   

The Quality of Representation Received by Iran’s Sakineh Mohammedi Ashtiani

After writing about the possibly imminent stoning execution of Sakineh Mohammedi Ashtiani, a woman tried twice for adultery and sentenced – without evidence – to death by stoning under Iranian law, it was even more shocking to learn that fellow blogger and Death Penalty defense attorney for Ashtiani, Mohammed Mostafaei, had gone missing after leaving an interrogation by prison official. 

Continue Reading Death Penalty Defense: Cory Maples’ Sullivan & Cromwell Representation vs Sakineh Ashtiani’s Mohammed Mostafaei

Yesterday, Sharon Keller learned the discipline that she would be receiving from the Texas Judicial Commission after a review of her actions as Chief Justice of Texas’ highest criminal court on the day that Michael Richard was executed by lethal injection.(Read the ruling in its entirety here.)

It’s a story we’ve been following…

Failure to include a "mitigation specialist" in a death penalty case is arguably per se ineffective assistance of counsel, violating the defendant’s rights under both the Sixth and Eighth Constitution according to the United States Supreme Court. See Strickland v. Washington, 466 U.S. 668 (1984); Ake v. Oklahoma, 470 U.S. 68 (1985); Wiggins …

The sordid saga of Texas trial judge Verna Sue Holland and state prosecutor Thomas S. O’Connell, Jr. carrying on a sexual affair during the capital murder trial of Charles Dean Hood continues, and the latest chapter doesn’t tell a happy tale.

This week, without comment, the United States Supreme Court declined to hear Mr. Hood’s…