Equal Justice Initiative

The Alabama Supreme Court has issued an order setting two execution dates: Michael Land is scheduled to be executed on August 12, 2010, and Holly Wood is scheduled to be executed on September 2, 2010.

Today in Kansas City, Missouri, the NAACP awarded EJI Director Bryan Stevenson the William Robert Ming Award for Advocacy at the opening plenary session of its 101st National Convention. The award is one of the NAACP’s highest honors for professionals in the legal field and was presented to Mr. Stevenson for the work of the Equal Justice Initiative, which this year has issued a major report documenting illegal racial discrimination in jury selection, led a successful effort in the United States Supreme Court to abolish life imprisonment without parole sentences imposed on juveniles, provided critical legal assistance to condemned prisoners on death row and prisoners wrongly convicted or illegally sentenced, and aided many others facing unfair and unjust treatment in the criminal justice system.

The Alabama Supreme Court recently decided to review the cases of three inmates on death row: Brandon Washington, Brent Martin, and Jimmy Killingsworth. In each case, questions have been raised about the fairness of the capital trial and the propriety of the death sentence.

On June 29, 2010, the United States Supreme Court reversed Georgia death row inmate Demarcus Sears’s case because his trial attorney failed to thoroughly investigate mitigating evidence and did not present compelling evidence that could have resulted in a sentence other than death. The Court emphasized that a trial lawyer can fall short of his constitutional obligation to investigate and present mitigating evidence even if he puts on some evidence about the defendant at the penalty phase.

On June 14, 2010, the United States Supreme Court held that a federal appeal filed after a deadline nonetheless can be reviewed on the merits if the late filing was caused by extraordinary circumstances outside a prisoner’s control. The Court ruled that Florida death row prisoner Albert Holland must be given the chance to show that his lawyer’s negligent conduct caused him to miss the deadline for filing a challenge his death sentence.

Today, the United States Supreme Court ruled that Alabama death row inmate Billy Joe Magwood's challenge to the constitutionality of his death sentence must be heard.

Over the objections of two Justices of the Alabama Supreme Court, John Parker was executed today afer courts refused to review the trial judge’s decision to sentence him to death even though the jury overwhelmingly decided he should be sentenced to life imprisonment without parole. EJI lawyers recently filed papers on Mr. Parker’s behalf at the Alabama Supreme Court and the United States Supreme Court asking for a stay of the execution because the trial court improperly overrode the jury’s verdict. Over dissents from Chief Justice Sue Bell Cobb and Justice Champ Lyons, the Alabama Supreme Court denied a stay yesterday and the United States Supreme Court denied a stay this afternoon.

Alabama death row prisoner John Parker faces execution on June 10, 2010. EJI lawyers have filed papers in the Alabama Supreme Court asking the court to stay the execution because the trial court improperly sentenced Mr. Parker to death even though his jury decided he should be sentenced to life in prison without parole.

On May 27, 2010, the United States Court of Appeals for the Eleventh Circuit upheld a federal district court's ruling that Alabama death row prisoner Kenneth Thomas is mentally retarded and cannot be executed pursuant to the United States Supreme Court's decision in Atkins v. Virginia, which held it is cruel and unusual to execute people who are mentally retarded.

The Alabama Supreme Court recently granted EJI's request for review of Esau Jackson's capital murder conviction and death sentence. The case raises serious questions about whether Mr. Jackson was wrongfully convicted because the State presented improper evidence and argument.