Capital Punishment and the Judicial Process
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1 Capital Punishment and the Judicial Process Third Edition Supplement Randall Coyne University of Oklahoma College of Law Lyn Entzeroth University of Tulsa College of Law Carolina Academic Press Durham, North Carolina
2 Copyright 2009 Randall Coyne Lyn Entzeroth All Rights Reserved ISBN Carolina Academic Press 700 Kent Street Durham, NC Phone Fax
3 TABLE OF CONTENTS CHAPTER 1 THE GREAT DEBATE OVER CAPITAL PUNISHMENT F. Other Issues in the Death Penalty Debate Risk of Executing the Innocent... 1 Note on Kansas v. Marsh, 548 U.S. 163 (2006)... 1 Kansas v. Marsh, 548 U.S. 163 (2006)... 1 Note on House v. Bell, 547 U.S. 518 (2006)... 4 House v. Bell, 547 U.S. 518 (2006)... 4 Notes Note on Post-Conviction Access to DNA Evidence: District Attorney s Office v. Osborne, 129 S.Ct (2009) District Attorney s Office v. Osborne, 129 S.Ct (2009) CHAPTER 2 PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT B. Proportionality as a Limitation on Punishment Kennedy v. Louisiana, 128 S.Ct (2008) E. Modern Methods of Execution Lethal Injection Hill v. McDonough, 547 U.S. 573 (2006) Baze v. Rees, 128 S.Ct (2008) Note on Baze v. Rees F. Death Penalty Jurisdictions and Racial Characteristics of Death Row Populations NAACP Legal Defense Fund Statistics i
4 Distribution of Executions Throughout the Country Since CHAPTER 3 EARLYCONSTITUTIONAL C H A L L E N G E S PENALTY T O T H E D E A T H D. Summary of the 1976 Supreme Court Cases Note on Justice John Paul Stevens' Death Penalty Conversion Baze v. Rees, 128 S.Ct (2008) CHAPTER 4 RACE, GENDER AND SEXUAL ORIENTATION B. The Effects of Race NAACP Legal Defense Fund Statistics C. The Effects of Gender NAACP Legal Defense Fund Statistics CHAPTER 5 CONSTITUTIONAL LIMITATIONS ON DEATH ELIGIBILITY C. Insanity Panetti v. Quarterman, 551 U.S. 930 (2007) D. Mental Retardation CHAPTER 6 SELECTING THE CAPITAL JURY B. Death Qualification Note on Uttecht v. Brown, 551 U.S. 1 (2007) E. Race-Based Peremptory Challenges Snyder v. Louisiana, 128 S.Ct (2008) ii
5 CHAPTER 8 THE ROLE OF MITIGATING CIRCUMSTANCES A. General Principles of Mitigation The Requirement that Jurors Give Effect to Mitigating Evidence Smith v. Texas, 550 U.S. 297 (2007) Note on Abdul-Kabir v. Quarterman, 550 U.S. 233 (2007) Abdul-Kabir v. Quarterman, 550 U.S. 233 (2007) Note on Brewer v. Quarterman, 550 U.S. 286 (2007) B. Balancing Aggravating and Mitigating Circumstances Aggravating and Mitigating Circumstances in Equipoise Kansas v. Marsh, 548 U.S. 163 (2006) CHAPTER 9 THE SENTENCING PHASE OF CAPITAL TRIALS D. The Truly Awesome Responsibility of Capital Jurors Note on Ayers v. Belmontes, 549 U.S. 7 (2006) E. Closing Arguments and Fundamental Fairness Carey v. Musladin, 549 U.S. 70 (2006) Note on Cone v. Bell Cone v. Bell, 129 S.Ct (2009) Note on Civil Redress for Prosecutorial Misconduct CHAPTER 12 STAYS OF EXECUTION AND STATE POST-CONVICTION RELIEF PROCEEDINGS A. Stays of Execution Emmett v. Kelly, 128 S.Ct. 1 (2007) iii
6 CHAPTER 13 INTRODUCTION TO FEDERAL HABEAS CORPUS REVIEW A. Historical Overview Note on Availability of Habeas Relief for Guantanamo Detainees C. The Antiterrorism and Effective Death Penalty Act of Lawrence v. Florida, 549 U.S. 327 (2007) Note on Roper v. Weaver, 550 U.S. 598 (2007) D. Other Limitations on Federal Habeas Review Note on Fry v. Plilier, 551 U.S. 112 (2007) CHAPTER 14 STATE BARRIERS TO FEDERAL HABEAS REVIEW A. Exhaustion of State Remedies Allen v. Siebert, 552 U.S. 3 (2007) Cone v. Bell, 129 S.Ct (2009) I. Evidentiary Hearing under the AEDPA - Section 2254(e) Schriro v. Landrigan, 550 U.S. 465 (2007) CHAPTER 15 RETROACTIVITY Note on Danforth v. Minnesota, 128 S.Ct (2008) Note on Whorton v. Bockting, 549 U.S. 406 (2007) CHAPTER 17 SUCCESSIVE HABEAS CORPUS PETITIONS, ABUSE OF THE WRIT, AND CLEMENCY Harrison v. Bell, 129 S.Ct (2009) iv
7 CHAPTER 19 INTERNATIONAL LAW AND THE DEATH PENALTY B. Selected Cases Sanchez-Llamas v. Oregon, 548 U.S. 331 (2006) Medellin v. Texas, 128 S.Ct (2008) Note SELECTED STATUTES PART I. FEDERAL HABEAS CORPUS A. Federal Habeas Corpus Statutes as Amended by the Antiterrorism and Effective Death Penalty Act of B. Special Habeas Corpus Procedures in Capital Cases C. Federal Habeas Corpus Statutes Prior to the 1996 Amendments PART II. ANTI-DRUG ABUSE ACT OF PART III. FEDERAL DEATH PENALTY ACT OF v
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