ABA DP Review

The Death Penalty Due Process Review Project studies capital punishment to promote fairness & accuracy in our justice system. RTs are not endorsements.

[Robert Dunham @RDunhamDP]

BREAKING: Gov. #ChrisSununu has vetoed the #NewHampshire #deathpenalty repeal bill. https://t.co/pzDzOlR1xu @conmonitornews @DPInfoCtr

[ABA DP Review @ABAdueprocess]

The ABA called for all #deathpenalty states to enact an SMI exclusion in 2006 bc persons w/ SMI are less legally culpable & deterrable. Our analysis shows that, beyond the compelling legal & humanitarian justifications, an #SMI exemption is fiscally smart

https://t.co/yY4Bwy3PAw

[ABA DP Review @ABAdueprocess]

Today, our project released the first cost analysis of a severe mental illness exclusion to the #deathpenalty. Using #TN as a case study, we found annual savings of $1.4-$1.9 million if TN were to adopt an SMI exclusion.
https://t.co/o9GfUakS0O

[ABA DP Review @ABAdueprocess]

In 2015, the ABA passed a resolution calling on all #deathpenalty jurisdictions to be transparent abt execution procedures. Secrecy laws prevent defendants from ensuring their due process rights are protected, and they impede informed debate over the DP

https://t.co/o4pP3YMyoc

[ABA DP Review @ABAdueprocess]

State judge in Nebraska requires state to release info abt source of #deathpenalty drugs. #NE law makes identity of the "execution team" confidential; judge says disclosing drug source is permissible. Congrats to @ACLUofNE @OWHnews @JournalStarNews
https://t.co/Fbhef1HQCF

[ABA DP Review @ABAdueprocess]

SupCt of KY & SupCt of KS decisions last week along with, e.g., opinions from PA (Commonw v. VanDivner) and CA (In re Lewis), apply #SCOTUS’s opinions in #Moore v. Texas & Hall v. Florida, showing how SCOTUS has required states to protect ppl with ID from the #deathpenalty

[ABA DP Review @ABAdueprocess]

Last wk, SupCt of KS struck down part of #KS’s definition of intellectual disability for the #deathpenalty. KS law violated the 8th Amdt bc it narrowed ID to ppl who couldn’t “appreciate the criminality of their conduct or to conform their conduct to the requirements of law”

[ABA DP Review @ABAdueprocess]

The Court remanded to the trial court to determine whether the defendant, Justin Thurber, was intellectually disabled at the time of sentencing; Johnson, J., dissents from requiring ev on ID to be from 2009.

Opinions here:

https://t.co/CfsqZ2ugVM

[ABA DP Review @ABAdueprocess]

ABA in 2015 called for #deathpenalty jurisdictions to be transparent abt DP procedures, including details about what drugs are used and where they’re obtained. Transparency is critical to protect defendants’ constitutional right to due process. https://t.co/o4pP3YuWZC

[ABA DP Review @ABAdueprocess]

#TN is running out of drugs for lethal injection bc drug manufacturers don’t want their products to be used in executions. Attorney for death row defendants: “we’re getting black market drugs for an execution here.” @Tennessean
https://t.co/8THLeyq8FQ

[ABA DP Review @ABAdueprocess]

#SCOTUS in 2002 held that executing people with intellectual disabilities is unconstitutional. It most recently reaffirmed that commitment by striking down #TX’s test in Bobby #Moore’s case, which SCOKY cited to find KY’s test unconstitutional
https://t.co/WEh3iUW42L

[ABA DP Review @ABAdueprocess]

#KY Supreme Court strikes down KY’s test for determining intellectual disability in the #deathpenalty context. KY’s test said someone with an IQ>70 cannot be deemed intellectually disabled; SCOKY held that brightline unconstitutional under the 8th Amdt
https://t.co/ubbF6lhOGf

[ABA DP Review @ABAdueprocess]

An in-depth article about the case of Andre Thomas, who is on death row in #Texas, despite his long-standing severe mental illness, and the fact that several of his jurors harbored racial bias (3 jurors indicated they were opposed to interracial marriages) https://t.co/3tPRF5uSFs

[ABA DP Review @ABAdueprocess]

Clemency is a critical aspect of #criminaljustice bc it acts as a fail-safe in the face of unjust sentences. The ABA is proud to support a robust and just clemency system, and our project provides resources to defenders working on clemency petitions.

https://t.co/XSpUcbURlt

[ABA DP Review @ABAdueprocess]

Ray Tibbetts was sentenced to death 20+ yrs ago. Last Feb., a juror publicly said he would have rejected a death sentence if the defense counsel had testified to Mr. Tibbetts’ childhood of severe abuse. OH Parole Board hears his case tomorrow.

https://t.co/GmttHlWzzP

[ABA DP Review @ABAdueprocess]

In Miguel Peña-Rodriguez's case, #SCOTUS reversed and remanded the sentence bc jurors showed clear ev of racial bias. Kennedy's opinion for the Court held that ev that racial animus motivated the outcome contravenes the Sixth Amendment

https://t.co/4MgTkWNh10

[ABA DP Review @ABAdueprocess]

After Peña-Rodriguez decision last yr, Charles Rhines now asks #SCOTUS to reverse his death sentence bc of statements made by jurors suggesting that they relied on stereotypes about his homosexuality. His case is up for conference 6/14
https://t.co/ssLVqFbMzP

[ABA Death Penalty Representation Project @DeathPenaltyRep]

Federal court allows review for Texas inmate who gouged out his own eyes to determine whether trial was racially biased and/or counsel ineffective; but will not review whether his #seriousmentalillness precludes him from the #deathpenalty https://t.co/XvBTrNxNPO

[ABA DP Review @ABAdueprocess]

17th century common law scholars already agreed that we should not execute those with severe mental illness. It is time to fully enact this principle into our laws, argues Prof. John Bessler https://t.co/C3gv9SOXVW #smiexemption #deathpenalty

[ABA DP Review @ABAdueprocess]

Here's the brief filed in the TX Court of Criminal Appeals by the ABA's TX Assessment Team
https://t.co/gR6x2eCbgY

[ABA DP Review @ABAdueprocess]

#TX high ct rules Bobby Moore can still be executed. #SCOTUS, last yr, struck down TX's test for determining intellectual disability. TX crim appeals ct says Mr. Moore's adaptive functioning does not support intellectual disability diagnosis
https://t.co/TH6nr8vdVH

[ABA DP Review @ABAdueprocess]

ABA weighed in as amicus arguing that #SCOTUS’s ruling required Mr. Moore to be exempted from #deathpenalty; Alcala, J., dissenting, agreed, saying the majority erred bc adaptive strengths shouldn't be weighed against adaptive weaknesses in ID analysis
https://t.co/hc9R3zKQCx