Equal Justice Initiative

EJI is seeking to overturn the conviction and sentence of life imprisonment without parole imposed on 13-year-old Demarious Banyard through an appeal to the Mississippi Supreme Court. EJI argues that Demarious's trial was infected by racial bias and illegal jury instructions that required him to prove his innocence, and that his mandatory sentence to die in prison is unconstitutional.

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 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.

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.

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.

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.

New data shows that, while other states have dramatically slowed their rates of death sentencing and executions in recent years as evidence about unreliable imposition of the death penalty has grown, Alabama's disproportinately high death-sentencing rate remains the highest in the nation.

The Alabama Supreme Court this week stayed the execution of Robert Melson, which had been scheduled for February 18, 2010, because his appeal is still pending at the United States Supreme Court. Mr. Melson was denied all federal review of his constitutional claims because his incompetent lawyer did not properly sign a pleading and filed a notice of appeal in the wrong state court.

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."