death penalty

CSG Midwest
A U.S. circuit court has dismissed claims by several Ohio death-row inmates that a state law on capital punishment unconstitutionally conceals information from them. The November decision affirmed a lower court ruling that the prisoners had no standing because they couldn’t prove harm from the denial of information, The (Toledo) Blade reports.
CSG Midwest
State constitutions were changed and policies on issues ranging from medical marijuana to the death penalty were decided on by voters across the Midwest this November.
In all, 20 ballot proposals were voted on in seven states in the region. Here is a review of some of the proposals that won voter approval.

In a three-page per curiam (unauthored) opinion in Bosse v. Oklahoma, the Supreme Court reversed the Oklahoma Court of Criminal Appeals’ decision to allow victims’ relatives to recommend to the jury that they sentence a defendant to death. Shaun Michael Bosse killed Katrina Griffin and her two children.

In Booth v. Maryland (1987) the Supreme Court held that during sentencing capital juries could only hear victim impact evidence that relates directly to the circumstances of the crime. Four years later in Payne v. Tennessee the Court changed course holding that capital juries could hear evidence relating to the personal characteristics of the victim and the emotional impact of the crime on the victim’s family.

The Supreme Court ruled 5-3 that when a judge had significant prior personal involvement as a prosecutor in a critical decision in the defendant’s case the judge must recuse himself or herself. 

District attorney Castille approved a subordinate prosecutor’s request to seek the death penalty against Terrance Williams. Williams was accused of a robbery and murder which he denied, on the stand, participating in.

Almost 30 years later Williams’s co-conspirator revealed that he had informed the prosecutor on the case that Williams and the victim had a sexual relationship that was the motive for the murder. A lower state court threw out Williams’s execution after discovering extensive prosecutor misconduct. 

Meanwhile, Castille had become Chief Justice of the Pennsylvania Supreme Court which was tasked with reviewing the lower court’s decision. The Pennsylvania Supreme Court unanimously reversed the lower court. Castille refused to recuse himself.

In Moore v. Texas the Supreme Court will review a Texas Court of Criminal Appeals decision to apply a previous definition of “intellectually disabled” adopted in a 1992 death penalty case rather than the current definition. Texas Legislature’s failure to act compels its decision, the lower court reasoned.

In Atkins v. Virginia (1992) the Supreme Court held that executing the intellectually disabled violates the Eighth Amendment’s prohibition against cruel and unusual punishment. The Court tasked states with implementing Atkins.

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