News & Developments


Mental Illness

May 29, 2024

Recent Decisions in Capital Cases Reflect Growing Understanding of How Serious Mental Illness Affects Behavior and Culpability

May is Mental Health Awareness Month, and the impact of men­tal ill­ness is keen­ly felt on death row: at least two in five peo­ple exe­cut­ed have a doc­u­ment­ed seri­ous men­tal ill­ness, and research sug­gests that many more death-sen­tenced pris­on­ers are undi­ag­nosed. A nation­al major­i­ty, 60% of Americans, oppos­es exe­cut­ing peo­ple with seri­ous men­tal ill­ness. In the past two decades, sci­ence and med­i­cine have con­tributed to a much bet­ter under­stand­ing of how seri­ous men­tal ill­ness, which refers to men­tal, behav­ioral, or emo­tion­al dis­or­ders that sig­nif­i­cant­ly impair a person’s abil­i­ty to function…

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Race

May 28, 2024

Alabama Court of Criminal Appeals Categorically Bars Review of Racial Bias in Capital Jury Selection

On May 3, 2024, the Alabama Court of Criminal Appeals announced its deci­sion in the case of Christopher Henderson, a death-sen­tenced man who had been tried by an all-white jury in Madison County, Alabama, where the pop­u­la­tion is 24.6% Black. Prosecutors in his cap­i­tal tri­al used peremp­to­ry strikes to remove six of the 10 qual­i­fied Black poten­tial jurors and all remain­ing jurors of col­or. Mr. Henderson’s coun­sel from the Equal Justice Initiative iden­ti­fied evi­dence that the prosecutor’s strikes were racial­ly dis­crim­i­na­to­ry in vio­la­tion of Batson v. Kentucky, which held that…

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New Voices

May 24, 2024

Article of Interest: Retired Supervising Detective Says There Was No Crime in Robert Roberson’s Case

In a May 23, 2024 op-ed pub­lished in The Dallas Morning News, Brian Wharton, the retired super­vis­ing detec­tive in Robert Roberson’s case, urged Anderson County District Attorney Allyson Mitchell to reex­am­ine the case and the Texas Court of Criminal Appeals to reex­am­ine a pend­ing motion on Mr. Roberson’s inno­cence claims, which have pre­vi­ous­ly been denied. It would be a ter­ri­ble lega­cy for all of us to be asso­ci­at­ed with exe­cut­ing an inno­cent man based on a rush to judg­ment and bad sci­ence,” con­clud­ed Mr. Wharton. We must pre­vent Texas from…

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Innocence

May 22, 2024

Family of Youngest Person Executed in Pennsylvania History Sues County for His Wrongful Conviction and Execution 93 Years Ago

Susie Williams Carter was just a baby when her 16-year-old broth­er, Alexander McClay Williams, was con­vict­ed of mur­der and exe­cut­ed in Pennsylvania in 1931. Over 90 years lat­er, Ms. Carter, now 94, con­tin­ues her family’s deter­mi­na­tion to clear her brother’s name. In June 2022, a Delaware County, Pennsylvania judge agreed that law enforce­ment had dis­re­gard­ed evi­dence and coerced Mr. Williams into sign­ing mul­ti­ple false con­fes­sions. All charges against Mr. Williams were posthu­mous­ly dis­missed and then-Governor Tom Wolf apol­o­gized to his fam­i­ly, call­ing Mr. Williams’ exe­cu­tion an egre­gious mis­car­riage of justice.”…

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Innocence

May 21, 2024

Alabama District Attorney Files Amicus Brief in Support of New Trial for Toforest Johnson

On May 20, 2024, Jefferson County, Alabama District Attorney Danny Carr asked a cir­cuit judge to grant a new tri­al to Toforest Johnson (cen­ter), an Alabama death row pris­on­er whose con­vic­tion DA Carr believes is fun­da­men­tal­ly unre­li­able.” This extra­or­di­nary request is the lat­est in a series of appeals for Mr. Johnson, who was sen­tenced to death in 1998 for the 1995 mur­der of Jefferson County Deputy Sheriff William Hardy but has always main­tained his inno­cence. A thor­ough review and inves­ti­ga­tion of the entire case leaves no con­fi­dence in the integrity…

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