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China Admits Illegally Harvesting Organs From Executed Prisoners by Gary Hunter China has long been accused of illegally harvesting human organs from its executed prisoners. On November 19, 2006 Deputy Health Minister Huang Jiefu admitted that the suspicions were true. ?Under-the-table business must be banned,? Mr. Huang told a conference …
Article • August 15, 2007 • from PLN August, 2007
BJS Reports Death Penalty Trends In 2005 by Michael Rigby by Michael Rigby In 2005, 16 states executed 60 prisoners?one more than in 2004, according to a Bureau of Justice Statistics report released in December 2006. Those executed in 2005 included 38 whites, 19 blacks, and 3 Hispanics. As for …
$2.25 Million Award for Virginia Man Falsely Sent to Death Row by A federal jury awarded a Virginia man $2.25 million for being falsely convicted of a rape/murder based on evidence fabricated by a cop and spending ten years on death row. Earl Washington, then 23, was convicted of a …
Article • May 15, 2007
Executing Prisoner Who Regained Competency Does Not Violate His Rights by The Eighth Circuit Court of Appeals concluded that a state does not violate the Eighth or Fourteenth Amendments by executing a prisoner who regains competency through forced medication. Charles Singleton was convicted of capital murder and aggravated robbery in …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
No State-Paid Attorneys for Post-conviction Relief in Capital Cases by The U.S. Supreme Court held that indigent death row prisoners had no constitutional right to state-paid counsel in order to pursue post- conviction relief. Prisoners on Virginia's death row brought a § 1983 action against state officials alleging they had …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
Article • May 15, 2007
State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding by State Death Sentenced Prisoner Not Entitled to Federally Funded Counsel in State Clemency Proceeding The Tenth Circuit Court of Appeals held a state prisoner is not entitled to federally appointed and funded counsel in a …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Court Can Appoint Amicus in Pro Se Death Penalty Case by At 800: "A federal district court possesses the inherent authority to appoint an amicus curiae to assist the court in its proceedings." (Citations omitted) Here, the court appoints independent counsel for a capital defendant who represented himself and said …
Article • May 15, 2007
Defendant Drugged for Capital Trial by The court authorizes the involuntary medication of the man who shot up the Capitol Building and killed two police officers. The proposed treatment is medically appropriate because the respondent is a diagnosed paranoid schizophrenic and antipsychotic medication is the only available treatment. The potential …
Article • May 15, 2007
Forcibly Drugged Death Row Prisoner Granted Permanent Stay of Execution by The petitioner, awaiting execution for 22 years, has been medicated for most of that time, and decompensates when he is taken off his medication. The court says that, unlike someone who is medicated and achieves competence and stays that …
Article • May 15, 2007
Welcome to Hell: Letters and Writings from Death Row by Jan Arriens, Northeastern University Press, 255 pages. 1997 Reviewed By Yuri Holmes Death can arrive at any time. It can strike at anyplace. When pondered, death promotes fear in even the blackest of hearts. When allowed, it devours the human …
Article • May 15, 2007
NJ Death Row Prisoners Entitled to Court Access by A federal district court in New Jersey issued a Preliminary Injunction to provide death row prisoners in that state with access to paralegals and legal materials to ensure their right of access to the courts. This probably does not survive Lewis …
Article • May 15, 2007
Insane Prisoner Cannot Be Executed by The United States Supreme Court held the Eighth Amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane, and that Florida Statute § 922.07 was inadequate to assure adequate facts are developed to make a determination of a …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Ad Seg for Death-Eligible Detainee Is Unconstitutional by A federal court in Puerto Rico held that confinement of a federal pretrial detainee in segregation solely because he faced the death penalty was unconstitutional punishment. It also held that the exhaustion requirement of the Prison Litigation Reform Act, (PLRA) was inapplicable …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Article • May 15, 2007
Preliminary Injunction Denied in Virginia Lethal Injection Challenge by The plaintiff sought a preliminary injunction in the form of a stay of execution based on his claim that the means by which he was to be executed violated the Eighth Amendment. Virginia law lets the condemned person choose the method, …
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