Year-End 2018

2018 Year in Review

Public Defense

Committee to Review the Criminal Justice Act Releases Report and Recommendations for Reform of Indigent Defense, Including Capital Cases

In June 2018, the Committee to Review the Criminal Justice Act Program publicly released its Final Report addressing a wide range of topics related to the administration of the Criminal Justice Act (“CJA”). The CJA was enacted in 1964 to govern the appointment of indigent defense counsel in federal courts, and the last comprehensive review of its functioning took place in 1993.

Death Penalty

Washington Supreme Court Strikes Down Death Penalty

In October 2018, the Washington Supreme Court found that the state’s death penalty is unconstitutional, making Washington the 20th state without capital punishment. The case, State v. Gregory, raised issues of racial bias in the capital punishment system, but the court noted that its decision was also based on the “arbitrary manner in which the death penalty is generally administered.”

Civil Rights & Constitution

Tennessee Resumes Use of the Electric Chair

The state of Tennessee carried out two executions by electric chair in 2018, the first state to do so since Virginia in 2013. Nine states currently authorize the electric chair as a method of execution, although lethal injection is the default method of execution in all those states.

2018 Supreme Court Review

Death Penalty

Court Upholds Capital Defendant’s Right to Assert Innocence at Trial

On May 14, 2018, the U.S. Supreme Court issued its opinion in McCoy v. Louisiana, a capital case concerning a defendant’s right to assert his innocence, even when trial counsel recommends conceding guilt.

Courts & Judiciary

Court Unanimously Rejects Fifth Circuit’s Circular Requirements for Providing Investigative Funds to Defense Teams

On March 21, 2018, in a rare unanimous decision in a capital case, the Supreme Court issued its opinion in Ayestas v. Davis. Justice Alito, writing for the majority, found that lower courts erred by using an overly stringent test when evaluating requests for defense team funding in capital habeas cases.

Courts & Judiciary

Court Establishes Rebuttable Presumption that Federal Courts Should Look to Last Reasoned Opinion in State Habeas Review to Determine Reasons for Silent Decisions

In Wilson v. Sellers, decided on April 17, 2018, the U.S. Supreme Court addressed what deference federal courts should give to state court decisions that fail to provide any reasoning.

Death Penalty

SCOTUS 2018 Fall Term: Three Capital Cases Argued plus Petition of Note

The Supreme Court has already heard three death penalty cases this fall, spanning a wide range of issues. The Court also currently has under consideration a petition brought by an intellectually disabled prisoner who won his case in the Supreme Court less than two years ago but who nevertheless still faces execution.

Project Updates

Death Penalty

Hofstra Law Review Marks 15th Anniversary of the ABA Guidelines

This summer, the Hofstra Law Review published a Symposium marking the 15th anniversary of the publication of the ABA Guidelines. Nationally recognized death penalty defense experts, including Project staff members, wrote articles about how the Guidelines have been used and implemented in the 15 years since their publication and discussed the challenges that capital defense teams face today.

Death Penalty

Capital Clemency Resource Initiative Update

In April of this year, the Project’s Capital Clemency Resource Initiative officially launched its clemency resource website to the public and announced the publication of its new book, Representing Death-Sentenced Prisoners in Clemency: A Guide for Practitioners.

Death Penalty

Project Urges Adoption of Capital Defense Standards in Nebraska

On September 7, 2018, the Judiciary Committee for the Nebraska Unicameral Legislature heard testimony regarding an interim study to examine statutory adoption of the ABA Guidelines in Nebraska. Project Director Emily Olson-Gault submitted written testimony and also appeared before the Committee to answer questions from the Committee members.

Pro Bono

2018 Volunteer Awards Dinner

The Project held its annual Volunteer Recognition & Awards Event on September 20, 2018

Renew Your ABA Membership

Year-End 2018

Message from the Director

2018 Year in Review

Committee to Review the Criminal Justice Act Releases Report and Recommendations for Reform of Indigent Defense, Including Capital Cases

Washington Supreme Court Strikes Down Death Penalty

Tennessee Resumes Use of the Electric Chair

2018 Supreme Court Review

Court Upholds Capital Defendant’s Right to Assert Innocence at Trial

Court Unanimously Rejects Fifth Circuit’s Circular Requirements for Providing Investigative Funds to Defense Teams

Court Establishes Rebuttable Presumption that Federal Courts Should Look to Last Reasoned Opinion in State Habeas Review to Determine Reasons for Silent Decisions

SCOTUS 2018 Fall Term: Three Capital Cases Argued plus Petition of Note

Project Updates

Hofstra Law Review Marks 15th Anniversary of the ABA Guidelines

Capital Clemency Resource Initiative Update

Project Urges Adoption of Capital Defense Standards in Nebraska

2018 Volunteer Awards Dinner

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Year-End 2018

Message from the Director

2018 Year in Review

Committee to Review the Criminal Justice Act Releases Report and Recommendations for Reform of Indigent Defense, Including Capital Cases

Washington Supreme Court Strikes Down Death Penalty

Tennessee Resumes Use of the Electric Chair

2018 Supreme Court Review

Court Upholds Capital Defendant’s Right to Assert Innocence at Trial

Court Unanimously Rejects Fifth Circuit’s Circular Requirements for Providing Investigative Funds to Defense Teams

Court Establishes Rebuttable Presumption that Federal Courts Should Look to Last Reasoned Opinion in State Habeas Review to Determine Reasons for Silent Decisions

SCOTUS 2018 Fall Term: Three Capital Cases Argued plus Petition of Note

Project Updates

Hofstra Law Review Marks 15th Anniversary of the ABA Guidelines

Capital Clemency Resource Initiative Update

Project Urges Adoption of Capital Defense Standards in Nebraska

2018 Volunteer Awards Dinner

About Project Press

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ABA Resources

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