THE CONSTITUTION PROJECT S DEATH PENALTY COMMITTEE
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1 THE CONSTITUTION PROJECT S DEATH PENALTY COMMITTEE Co-Chairs Gerald Kogan Chief Justice, Florida Supreme Court, ; Chief Prosecutor, Homicide and Capital Crimes Division, Dade County, Florida, Mark White Governor, Texas, ; Attorney General, Texas, ; Secretary of State, Texas, ; Assistant Attorney General, Texas, Beth A. Wilkinson Special Attorney to the U.S. Attorney General, Oklahoma City bombing case, ; Assistant U.S. Attorney, Eastern District of New York, Members David I. Bruck Clinical Professor of Law and Director, Virginia Capital Case Clearinghouse, Washington and Lee University School of Law; Federal Death Penalty Resource Counsel William G. Broaddus Attorney General, Virginia, W.J. Michael Cody Attorney General, Tennessee, Mark Earley, Jr. Attorney General, Virginia, ; Senator, Virginia State Senate O.H. Eaton, Jr. Judge, Florida 18th Judicial Circuit, John J. Gibbons Director and Founder, John J. Gibbons Fellowship in Public Interest and Constitutional Law; Chief Judge, United States Court of Appeals, Third Circuit, Charles A. Gruber Chief of Police, South Barrington Police Department, ; President, International Association of Chiefs of Police, 1990; President, Illinois Association of Chiefs of Police, 1982 The Constitution Project vii
2 Irreversible Error Dr. David P. Gushee Distinguished University Professor of Christian Ethics and Director, Center for Theology and Public Life, Mercer University Sam D. Millsap, Jr. District Attorney, Bexar County, Texas, Sheila M. Murphy President, Board of Directors, Illinois Death Penalty Education Project; Presiding Judge, Illinois Sixth District, Chase Riveland Secretary, Department of Corrections, Washington, ; Executive Director, Colorado Department of Corrections, ; Deputy Director, Wisconsin Division of Corrections, ; Superintendent, Portage Correctional Institution, Wisconsin, David A. Schwartz President & CEO, DS Baseball LLC William S. Sessions Director, Federal Bureau of Investigation, ; Judge, United States District Court, Western District of Texas, ; Chief Judge, ; United States Attorney, Western District of Texas, B. Frank Stokes, Jr. Private Investigator; Special Agent, Federal Bureau of Investigation, Jennifer Thompson-Cannino Author, activist; Member, North Carolina Innocence Commission; Member, Advisory Committee for Active Voices Scott Turow Author; Member, Illinois Executive Ethics Commission; Assistant U.S. Attorney, Northern District of Illinois, ; Chair, Illinois State Appellate Defender s Commission, John W. Whitehead President, The Rutherford Institute Dr. Reginald Wilkinson Director, Ohio Department of Rehabilitation and Correction (DRC), ; DRC employee, 1973; President, American Correctional Association; Vice Chair for North America, International Corrections and Prison Association; President, Ohio Correctional and Court Services Association; Founder, Ohio chapter, National Association of Blacks in Criminal Justice viii The Constitution Project
3 Death Penalty Committee Rev. Dr. Aidsand F. Wright-Riggins III Executive Director, American Baptist Home Mission Societies, American Baptist Churches, USA Past Members Many distinguished individuals who have participated in The Constitution Project s Death Penalty Committee over the years have resigned from the Committee for a variety of reasons, including running for elective office, retirement, and other obligations. They have helped shape this and past reports and we are grateful for their contributions. Rev. James E. Andrews* Stated Clerk, General Assembly, Presbyterian Church (USA), Charles F. Baird Judge, Texas Court of Criminal Appeals, ; Judge, Criminal District Court, Travis County, Texas, Harry Barnes, Jr.* United States Ambassador, Romania, ; India, ; and Chile, Bob Barr Member, United States House of Representatives (R-GA), Charles B. Blackmar* Chief Justice, Missouri Supreme Court, Robert J. Burns Judge, Jefferson Parish, Louisiana, Rosalynn Carter Vice Chair, The Carter Center; First Lady of the United States, Mario M. Cuomo Governor, New York, James A. Fry Assistant District Attorney, Dallas County, Texas, ; Chairman, Texas State Bar Grievance Committee Thomas A. Gottschalk Executive Vice President and General Counsel, General Motors Corporation, The Constitution Project ix
4 Irreversible Error Asa Hutchinson Undersecretary, Department of Homeland Security, ; Administrator, Drug Enforcement Administration, ; Member, United States House of Representatives (R- AR), ; United States Attorney, Western District of Arkansas, Peter D. Keisler Acting Attorney General, Assistant Attorney General for the Civil Division, ; Principal Deputy Associate Attorney General, ; Acting Associate Attorney General of the United States Department of Justice, 2007 Cardinal William H. Keeler Archbishop of Baltimore, Paula M. Kurland Victim Advocate; founding Member, Bridges to Life (a victim-offender program in Texas) Ann Landers* Syndicated Columnist, David Lawrence, Jr. Executive Editor, Detroit Free Press, ; Publisher, Miami Herald, Timothy Lynch Director, Project on Criminal Justice, Cato Institute Abner J. Mikva Schwartz Lecturer and Senior Director, Mandel Legal Aid Clinic, University of Chicago Law School; Member, United States House of Representatives (D-IL), and ; White House Counsel, ; Judge, D.C. Circuit United States Court of Appeals, ; Chief Judge, Dr. LeRoy Riddick Adjunct Professor, Department of Pathology, University of South Alabama, Laurie O. Robinson Assistant Attorney General, Office of Justice Programs, U.S. Department of Justice, and Kurt L. Schmoke Mayor, Baltimore, ; State s Attorney, Baltimore, G. Elaine Smith President, American Baptist Churches, USA, x The Constitution Project
5 Death Penalty Committee Vin Weber Member, United States House of Representatives (R-MN), Rabbi Eric H. Yoffie President Emeritus, Union for Reform Judaism, * Deceased The Constitution Project xi
Supreme Court of the United States
No. 03-633 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- DONALD P. ROPER,
No IN THE Supreme Court of the United States. v. TEXAS, On Writ Of Certiorari To The Texas Court Of Criminal Appeals
No. 15-797 IN THE Supreme Court of the United States BOBBY JAMES MOORE, v. TEXAS, Petitioner, Respondent. On Writ Of Certiorari To The Texas Court Of Criminal Appeals BRIEF FOR AMICUS CURIAE THE CONSTITUTION
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