Equal Justice Initiative

On March 5, 2010, the Alabama Court of Criminal Appeals reversed Jodey Waldrop's conviction and death sentence, ruling that his jury improperly was allowed to consider highly prejudicial prior conviction evidence.

Reasoning that a person who brings about a change in the law should be rewarded for his effort, the Alabama Supreme Court ruled that death row inmate John Ward is entitled to a chance to prove that his state postconviction petition should be reviewed on the merits.

New EJI data analysis shows that the Eleventh Circuit - comprised of Alabama, Florida, and Georgia - has a higher per capita death sentencing rate than any other federal circuit.

On March 5, 2010, the Alabama Court of Criminal Appeals reversed Jodey Waldrop's conviction and death sentence, ruling that his jury improperly was allowed to consider highly prejudicial prior conviction evidence.

The Alabama Court of Criminal Appeals on February 5, 2010, reversed the capital murder conviction and death sentence imposed on Thomas Lane because he was denied his Sixth Amendment right to counsel.

The United States Supreme Court on January 19, 2010, issued a decision in Wellons v. Hall, a Georgia death-penalty case in which jurors gave the trial judge and bailiff sexually suggestive gifts during Mr. Wellons's trial for rape and murder. The Court wrote: "The disturbing facts of this case raise serious questions concerning the conduct of the trial, and this petition raises a serious question about whether the Court of Appeals carefully reviewed those facts before addressing petitioner's constitutional claims."

Reasoning that a person who brings about a change in the law should be rewarded for his effort, the Alabama Supreme Court ruled that death row inmate John Ward is entitled to a chance to prove that his state postconviction petition should be reviewed on the merits.

The United States Supreme Court today denied relief in Wood v. Allen, an Alabama case which asked the Court to address whether trial lawyers performed adequately when they failed to investigate and present evidence of mental retardation. The decision focused on the procedural rules that limit federal habeas corpus review and did not reach the merits of Mr. Woods's claim.

The United States Supreme Court reaffirmed this week in a case from Florida, Porter v. McCollum, that a defense lawyer must conduct a reasonable investigation to uncover mitigating evidence in preparation for a capital trial.

On December 4, 2009, the Alabama Supreme Court reversed the case of Jason Sharp, who was sentenced to death following a trial tainted by the State's discrimination against African Americans during jury selection.

On August 11, 2009, North Carolina Governor Beverly Purdue signed into law the Racial Justice Act. The legislation recognizes the potential for racial bias in the administration of the death penalty and seeks to limit the influence of race-based discrimination in capital cases.

Kenneth Frazier (left) won the release of James "Bo" Cochran, who spent 19 years on Alabama's death row for a crime he did not commit.

The Iowa Supreme Court today reversed a lower court judgment which had barred a challenge to the constitutionality of life imprisonment without parole imposed on a child of 14. The court granted review of EJI client Ruthann Veal’s case and today ruled that she is entitled to merits review.

Bryan Stevenson argued at the Iowa Supreme Court today in Veal v. State that sentencing a 14-year-old child to life imprisonment without possibility of parole violates state and federal constitutional guarantees against cruel and unusual punishment.

Today EJI argues at the United States Supreme Court on behalf of Petitioner Joe Sullivan in Sullivan v. Florida, which challenges the imposition of life-without-parole sentences on young adolescents.

The Iowa Supreme Court today reversed a lower court judgment which had barred a challenge to the constitutionality of life imprisonment without parole imposed on a child of 14. The court granted review of EJI client Ruthann Veal’s case and today ruled that she is entitled to merits review.

Bryan Stevenson argued at the Iowa Supreme Court today in Veal v. State that sentencing a 14-year-old child to life imprisonment without possibility of parole violates state and federal constitutional guarantees against cruel and unusual punishment.

Today EJI argues at the United States Supreme Court on behalf of Petitioner Joe Sullivan in Sullivan v. Florida, which challenges the imposition of life-without-parole sentences on young adolescents.

EJI lawyers Bryan Stevenson and Brandon Buskey, seated, argue before the Supreme Court.

On October 8, 2009, the Alabama Supreme Court and the Alabama Court of Criminal Appeals heard oral arguments at the Cumberland School of Law at Samford University in Birmingham, Alabama, as part of the court system's outreach and education efforts. EJI attorneys were asked by the courts to participate in both oral arguments.

Alabama lawmakers recently passed a new law that requires the state to collect DNA samples from everyone who is arrested for a felony, including children. The law, which passed on the last day of the recently-concluded legislative session, also restricts access to DNA testing for people convicted of a capital offense and reduces the opportunity for a wrongfully convicted person to prove his innocence through DNA evidence.

Kenneth Frazier (left) won the release of James "Bo" Cochran, who spent 19 years on Alabama's death row for a crime he did not commit.

Marsha Colby, pictured with two of her six children in 1997, prior to being falsely accused of killing her seventh child at birth.

Capital murder charges filed against Marsha Colby in the death of her infant son have been dismissed and the case resolved on reduced charges in light of new forensic evidence.

EJI urges our supporters to contact our sister organization Partners in Health (PIH) which is coordinating emergency services for the victims of the hugely destructive earthquake that hit Haiti on January 12, 2010. PIH is on the ground in Haiti and is one of the most effective health care providers in impoverished settings in the world. PIH is already in Haiti leveraging the skills of more than 120 doctors and nearly 500 nurses and nursing assistants who work at its health clinic sites in Haiti. To help PIH respond to the crisis in Haiti, click here.

The United States Court of Appeals for the Ninth Circuit held on January 5, 2010, that Washington State's felon disenfranchisement law violates the Voting Rights Act because it results in minorities being denied access to the polls on account of their race.

On September 4, 2009, the Alabama Supreme Court reversed the conviction and sentence imposed on Marsha Colby, who was convicted of capital murder after giving birth to what doctors believe was a stillborn baby.

EJI client Earl McGahee, who is African American, was tried by an all-white jury in a county where the African American population was over 55%. The prosecutor excluded all of the African Americans from jury service based on their race and what he characterized as their "low intelligence." After two decades spent challenging the race discrimination in this case, EJI won relief for Mr. McGahee yesterday when the Eleventh Circuit Court of Appeals reversed his capital murder conviction because the prosecutor engaged in illegal racial discrimination during jury selection.

The Equal Justice Initiative has recently undertaken a major effort to challenge racial bias in jury selection throughout the United States. In communities across America, racial minorities are significantly underrepresented on criminal trial juries as a result of jury selection procedures that are racially biased and discriminatory. Although federal law in this area is well-established, because of the inherently difficult task of proving exclusion of racial minorities from jury service, there is still much progress to be made in this area.

On September 4, 2009, the Alabama Supreme Court reversed the conviction and sentence imposed on Marsha Colby, who was convicted of capital murder after giving birth to what doctors believe was a stillborn baby.

On October 31, 2008, Equal Justice Initiative attorneys filed a brief in the Alabama Supreme Court on behalf of Alabama death row inmate Michael Carruth, in which it argued that Mr. Carruth is entitled to an out-of-time appeal because the lawyer appointed to represent him on the appeal of his conviction failed to file a mandatory petition for review in the Alabama Supreme Court.

J.L. Chestnut Jr., Selma's first black lawyer and lifelong advocate for equality and racial justice, died September 30, 2008, in Birmingham, Alabama, at age 77.

On September 4, 2009, the Alabama Supreme Court reversed the conviction and sentence imposed on Marsha Colby, who was convicted of capital murder after giving birth to what doctors believe was a stillborn baby.

The United States Supreme Court will hear oral argument next week in Caperton v. Massey about whether West Virginia Supreme Court Justice Brent Benjamin violated the Constitution when he cast the deciding vote in favor of his campaign contributors, who spent $3 million to get him elected to the appellate court.

A study entitled "State Public Opinion, the Death Penalty, and the Practice of Electing Judges" and published in the April 2008 American Journal of Political Science found significant links between public opinion and judicial decision-making in states that elect their supreme court judges.

Marsha Colby, pictured with two of her six children in 1997, prior to being falsely accused of killing her seventh child at birth.

Capital murder charges filed against Marsha Colby in the death of her infant son have been dismissed and the case resolved on reduced charges in light of new forensic evidence.

EJI is working to assist people who have been forced into homelessness, denied critical medical care, and subjected to permanent imprisonment as a result of Alabama's Community Notification Act.

On September 4, 2009, the Alabama Supreme Court reversed the conviction and sentence imposed on Marsha Colby, who was convicted of capital murder after giving birth to what doctors believe was a stillborn baby.

Marsha Colby, pictured with two of her six children in 1997, prior to being falsely accused of killing her seventh child at birth.

Capital murder charges filed against Marsha Colby in the death of her infant son have been dismissed and the case resolved on reduced charges in light of new forensic evidence.

EJI is working to assist people who have been forced into homelessness, denied critical medical care, and subjected to permanent imprisonment as a result of Alabama's Community Notification Act.

On September 4, 2009, the Alabama Supreme Court reversed the conviction and sentence imposed on Marsha Colby, who was convicted of capital murder after giving birth to what doctors believe was a stillborn baby.

EJI is working to assist people who have been forced into homelessness, denied critical medical care, and subjected to permanent imprisonment as a result of Alabama's Community Notification Act.

A national study found that more prisoners today are serving life sentences across the country than ever before. Alabama ranks among the top three states for number of life sentences imposed and is the national leader in racially disproportionate sentencing of children to life in prison.

On July 8, 2009, the Alabama Board of Pardons and Paroles issued a formal pardon for former prisoner Mack Kirby. The Board’s decision, which was unanimous, restores Mr. Kirby’s voting rights and ends his parole supervision.

The United States Supreme Court on January 19, 2010, issued a decision in Wellons v. Hall, a Georgia death-penalty case in which jurors gave the trial judge and bailiff sexually suggestive gifts during Mr. Wellons's trial for rape and murder. The Court wrote: "The disturbing facts of this case raise serious questions concerning the conduct of the trial, and this petition raises a serious question about whether the Court of Appeals carefully reviewed those facts before addressing petitioner's constitutional claims."

The United States Court of Appeals for the Ninth Circuit held on January 5, 2010, that Washington State's felon disenfranchisement law violates the Voting Rights Act because it results in minorities being denied access to the polls on account of their race.

The American Law Institute, comprised of 4000 judges, lawyers, and law professors who shape and help promote consistency in the law throughout the United States, recently disavowed the intellectual framework for the modern death penalty system.