Arizona Capital Representation Project

The United States Supreme Court ordered the United States District Court for the Southern District of Georgia to conduct an evidentiary hearing on Troy Davis’ claim of actual innocence.

In a dissent from the order, Justice Scalia, joined by Justice Thomas, writes, “There is no sound basis for distinguishing an actual-innocence claim from any other claim that is alleged to have produced a wrongful conviction.”

Justice Stevens, joined by Justices Ginsburg and Breyer, answered Justice Scalia’s dissent, concluding “the substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing.  Simply put, the case is sufficiently ‘exceptional’ to warrant utilization of this Court’s Rule 20.4(a), 28 U. S. C. §2241(b), and our original habeas jurisdiction.”  (emphasis added).

Read the dissenting opinion of Justice Scalia and the concurring opinion of Justice Stevens here:

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NPR’s All Things Considered covers the indigent defense crisis in Detroit, where public defenders have too little funding and too many cases to adequately prepare for trial, draft appeals, or communicate with their clients.

Listen to the program at NPR.

With its opinion in State v. Kiles, the Arizona Supreme Court has now denied relief in every capital case this term.

A new study by the Columbia Center for Children’s Environmental Health suggests prenatal exposure to polluted urban air may result in a lower IQ.  Read an article about the study at the link.

Low IQ Linked to Polluted Air

The Arizona Supreme Court issued two capital opinions today.  The Court denied relief in State v. Speer and State v. Moore.

The Death Penalty Information Center has posted a new report by Murder Victims’ Families for Human Rights and the National Alliance on Mental Illness.  Double Tragedies: Victims Speak Out Against the Death Penalty for People with Severe Mental Illness calls for a prohibition on the execution of the severely mentally ill in favor of treatment and prevention.

Seven months into 2009 and the Death Penalty Information Center is reporting there have been five death row exonerations so far this year.  There were 4 exonerations in all of 2008.

The Arizona Supreme Court recently denied relief in State v. Dann and State v. Bearup.  Three additional capital opinions should be released this year.

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New Mexico editorial about the intellectual and moral inconsitencies of executing inmates in a post-abolition atmosphere.

The Unabomber’s Brother Tells His Story – David Kaczynski talks with NPR about his brother Ted Kaczynski, the Unabomber.