Legal Section
EJI has provided legal representation to over 170 death row prisoners and won new trials, reduced sentences, or exoneration in dozens of cases. EJI produces the Alabama Capital Postconviction Manual, Alabama Capital Defense Trial Manual, and EJI Legal Quarterly, as well as the Legal Update e-newsletter, for scores of attorneys who provide legal representation to capital defendants and death row prisoners. EJI hosts training programs for lawyers, operates a clinical training program for law students, and issues reports on capital punishment and other criminal justice issues.
News
Eleventh Circuit Decision in Lawhorn Case Affirms Need for Effective Counsel at Penalty Phase
March 20, 2008On March 11, 2008, the Eleventh Circuit Court of Appeals affirmed the district court’s judgment granting Alabama death row prisoner James Charles Lawhorn a new sentencing trial because his trial lawyer was ineffective.Alabama Supreme Court Rejects Dismissal of Death Row Inmate's Appeal Based on Purportedly Invalid Signature on Notice of Appeal
January 25, 2008The Alabama Supreme Court reinstated death row inmate Jarrod Taylor’s appeal from the dismissal of his Rule 32 petition and held that the Court of Criminal Appeals erred in dismissing Mr. Taylor’s appeal based on purported problems with his volunteer lawyer's signature on the notice of appeal.Alabama Supreme Court Clarifies Briefing Requirements and Reaffirms Rule 32 Petitioner's Right to Amend
August 16, 2007James Borden challenged his capital murder conviction and death sentence in a timely Rule 32 petition filed in 2001, in which he argued inter alia that he was ineligible for the death penalty because he was mentally retarded, that his trial lawyer provided ineffective assistance at both phases of his capital trial, and that jurors engaged in misconduct. While the petition was pending in the Rule 32 trial court, the United States Supreme Court issued its decision in Atkins v. Virginia, 536 U.S.Court of Criminal Appeals Erred in Sua Sponte Application of Procedural Bar
August 2, 2007The Alabama Supreme Court reversed the Court of Criminal Appeals’s decision in Jimmy Davis’s appeal from the denial of postconviction relief and remanded for that court to consider Mr. Davis’s ineffective-assistance-of-counsel claims on the merits. Ex parte Davis, No. 1051719, 2007 WL 2216893 (Aug. 3, 2007).Written Motion for New Trial Filed Directly with Trial Judge Held Sufficient to Toll Notice of Appeal Period
July 19, 2007In a per curiam opinion, the Alabama Supreme Court held that Alabama Rule of Criminal Procedure 24.1 did not prohibit a defendant from filing a written motion for a new trial with the trial judge in open court.
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