The Supreme Court decided Bucklew v. Precythe today, rejecting a death row inmate’s challenge to Missouri’s single-drug execution protocol. Challenges to lethal injection are now 0-for-3 in the Supreme Court, but the Court did not foreclose future litigation. To the contrary, it left the door open to further challenges, and so did nothing to break up the litigation logjam that has resulted in a de facto moratorium on executions in North Carolina. Continue reading
Tag Archives: capital punishment
Later this week, a group of superior court judges will gather at the School of Government to participate in a course on handling capital cases. In preparation for my role as a facilitator of the course, I have been reading up on death penalty news. Both in North Carolina and nationally, data show clear trends toward fewer capital cases, fewer death sentences, and fewer executions. This post briefly explores those developments and considers whether they are likely to continue. Continue reading →
The United States Supreme Court just decided a capital case about intellectual disability, formerly known as mental retardation. In some ways, it’s an “error correction” case that doesn’t break new doctrinal ground. But it stands out for two reasons. First, it may be indicative of the current Court’s attitude towards the death penalty. And second, Justice Thomas wrote a dissenting opinion focused in large part on former professional football player Warrick Dunn. Continue reading →
The state supreme court heard oral argument yesterday in two cases concerning the Racial Justice Act. In the first case, Superior Court Judge Gregory Weeks struck down the death sentence imposed on Marcus Robinson under the RJA as enacted in 2009. In the second, Judge Weeks vacated the death sentences imposed on Quintel Augustine, Christina Walters, and Tilmon Golphin, under the original RJA and, in the alternative, under the RJA as amended in 2012.
The cases present important issues about the proper interpretation of the RJA, including the extent to which a defendant may relay on statistical evidence of racial bias that isn’t connected directly to the defendant’s own case. The second case also presents the question of whether defendants who filed their claims under the original RJA are entitled to have their claims adjudicated under the law as it stood at the time of filing, a question that has taken on added importance since the legislature repealed the RJA altogether in 2013. I wrote about some of these issues in the Capital Case Law Handbook, though the chapter on the RJA clearly will need revision after these cases are decided.
I wasn’t able to attend the oral argument, but media reports suggest that the justices asked few questions and didn’t tip their hands. (The Fayetteville Observer story is here, while WRAL’s is here.) One interesting aspect of the proceedings is that Justice Beasley recused herself in the second case because she once helped defend Golphin. The recusal creates the possibility of a tie vote in that case.
As a side note, there was apparently tremendous public interest in the case, with the courtroom completely full and some spectators watching from a remote overflow location. Many people would probably be interested in a more complete understanding of what took place at oral argument than media reports convey. Yet our supreme court doesn’t post recordings or transcripts of oral arguments. The United States Supreme Court does, as do many state supreme courts, including our neighbors Georgia, Virginia, and Tennessee. [Update: A reader notes that WRAL has posted a video of the argument here.]
I will blog about the decisions when they come out.