Spring 2018

Death Penalty

Idaho Adopts New Capital Defense Standards Based on ABA Guidelines

Emily Olson-Gault, Director

On May 1, 2018, the state of Idaho formally adopted new capital defense standards that govern counsel qualifications and the members of the defense team in capital trial and post-conviction proceedings.

Military & Veterans

Military Commission Proceedings on Indefinite Hold After Defense Team Withdraws

Emily Olson-Gault, Director

Defense counsel for Abd Al-Rahim Hussein Al-Nashiri, accused of masterminding the attacks on the U.S.S. Cole in 2000, withdrew from the case due to ethical concerns and after months of legal wrangling about whether the proceedings could continue without the presence of “learned counsel,” all proceedings are now on hold indefinitely.

Death Penalty

Nebraska Seeks to Execute "Volunteers" Amid Numerous Challenges

Despite numerous challenges to Nebraska's death penalty, which includes two suits filed by the ACLU, the State is attempting to move forward with the executions of two men who have since rescinded their "volunteer" status.

Criminal

States Attempt to Alter, Repeal Death Penalty

Sylvia Krohn, Project Associate

2018 has seen multiple state efforts to repeal the death penalty through legislative action. While many of these efforts have come close, none so far has succeeded. States that have attempted death penalty abolition this year include Washington, Utah, New Hampshire, and Louisiana.

Criminal

United States Supreme Court Instructs Federal Courts to "Look Through" Summary Opinions to Determine Reasonableness

Christina Mathieson Hughes, Staff Attorney

On April 17, 2018, Justice Breyer announced the opinion for the United States Supreme Court in Wilson v. Sellers. At issue was how to determine whether a state court’s decision was reasonable if the state court did not explicitly provide the rationale for its decision. The Court instructed federal courts to “look through” a summary opinion to the most recent reasoned state court decision.

Criminal

Supreme Court Unanimously Rejects Fifth Circuit's Test for Defense Expert Funding in Capital Cases

Emily Olson-Gault, Director

On March 21, 2018, the United States Supreme Court issued its opinion in Ayestas v. Davis, rejecting the circular standard applied by the U.S. Court of Appeals for the Fifth Circuit when deciding whether to grant investigative and expert funding to the defense in federal habeas proceedings.

Supreme Court Grants Relief to Capital Defendant Whose Lawyer Admitted Guilt Over His Client’s Wishes

Christina Mathieson Hughes, Staff Attorney

The United States Supreme Court decided McCoy v. Louisiana on May 14, 2018. Justice Ginsburg, writing for the six members of the majority, granted relief to Louisiana death row prisoner Robert McCoy, whose trial attorney repeatedly told the jury that his client was guilty, even though Mr. McCoy had urged him not to do so. Three justices–Justices Alito, Thomas, and Gorsuch–dissented and would have denied relief.

Death Penalty

Supreme Court Declines to Review Challenge to Death Penalty but Suggests Pathway Back to Court for Advocates

Laura Schaefer, Staff Attorney

On March 19, 2018, the U.S. Supreme Court denied certiorari in Hidalgo v. Arizona, a case that raised an evidence-based challenge to the constitutionality of the death penalty.

Death Penalty

Alabama Agrees Not to Seek Execution of Doyle Hamm After Failed Attempt

Laura Schaefer, Staff Attorney

On February 22, 2018, the state of Alabama unsuccessfully attempted to execute 61-year old Doyle Lee Hamm via lethal injection despite repeated warnings from his longtime attorney that his veins were too degraded from sickness and intravenous drug use to tolerate the procedure.

Death Penalty

William Montgomery Granted Clemency Amid Concerns About Reliability of Conviction

Laura Schaefer, Staff Attorney

On April 11, 2018, the state of Ohio was scheduled to execute William Montgomery for the 1986 murders of Cynthia Tincher and Debra Ogle. In the weeks preceding the execution, advocates for Montgomery launched an increasingly public-facing media campaign with the tagline, #toomuchdoubt. Montgomery’s attorneys and supporters argued that there were too many questions concerning Montgomery’s guilt in the case to allow the execution to proceed.

Death Penalty

Texas Governor Issues Rare Clemency Grant to Thomas Whitaker

Laura Schaefer, Staff Attorney

On February 22, 2018, less than one hour before Thomas “Bart” Whitaker was scheduled to be executed by the state of Texas, Governor Greg Abbott made history in the Lone Star State by granting clemency to a capital prisoner.

Death Penalty

2018 Volunteer Recognition & Awards Dinner

Sylvia Krohn, Project Associate

The Project will hold its annual Volunteer Recognition & Awards Dinner Thursday, September 20, 2018, at 5:30pm at the historic Decatur House in Washington, DC.

Death Penalty

Hurst v. Florida Resentencing Trainings

Sylvia Krohn, Project Associate

The ABA Death Penalty Representation Project will host two free CLE** programs during the summer of 2018 to educate capital defenders, pro bono volunteers, and other interested attorneys about representing a prisoner in sentencing proceedings. The trainings will be focused on Florida and the unprecedented need for counsel that has resulted from the reversal of more than 100 death sentences.