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Articles 1 - 26 of 26
Full-Text Articles in Entire DC Network
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
John H. Blume
No abstract provided.
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
John H. Blume
No abstract provided.
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
John H. Blume
The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
John H. Blume
No abstract provided.
"It's Like Deja Vu All Over Again": Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard And A (Partial) Return To The Guidelines Approach To The Effective Assistance Of Counsel, John H. Blume, Stacey D. Neumann
"It's Like Deja Vu All Over Again": Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard And A (Partial) Return To The Guidelines Approach To The Effective Assistance Of Counsel, John H. Blume, Stacey D. Neumann
John H. Blume
Shoddy lawyering in capital cases is well documented. Many defendants facing the death penalty end up on death row not because of the heinousness of the crime they committed but rather because of the poor quality of trial counsel's performance. Despite the acknowledgment of sometimes shockingly poor representation by academics, litigators and even judges, most post-conviction claims of ineffective assistance of counsel are unsuccessful. Why? The legal standard for adjudicating these allegations which the Court adopted in Strickland v. Washington, which requires a defendant to demonstrate that his lawyer's performance was outside the "wide range of competent assistance" and that …
Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
John H. Blume
In federal habeas corpus proceedings, Earl Matthews, an African American, South Carolina death row inmate, alleged that his death sentence was the result of invidious racial discrimination that violated the Equal Protection Clause of the Fourteenth Amendment. To support his contention, Matthews presented statistical evidence showing that in Charleston County, where a jury convicted him and sentenced him to death, the prosecutor was far more likely to seek a death sentence for a Black defendant accused of killing a white person than for any other racial combination of victims and defendants, and also that such a Black defendant was more …
Sentencing The Mentally Retarded To Death: An Eighth Amendment Analysis, John H. Blume, David Bruck
Sentencing The Mentally Retarded To Death: An Eighth Amendment Analysis, John H. Blume, David Bruck
John H. Blume
Today, on death rows across the United States, sit a number of men with the minds of children. These people are mentally retarded. Typical of these individuals is Limmie Arthur, who currently is imprisoned at Central Correctional Institution in Columbia, South Carolina. Although Arthur is twenty-eight years old, all the mental health professionals who have evaluated him, including employees of the South Carolina Department of Corrections, agree he has the mental capacity of approximately a 10-year-old child. Arthur was convicted and sentenced to death for the murder of a neighbor. At his first trial, his court appointed attorneys did not …
The Dilemma Of The Criminal Defendant With A Prior Record - Lessons From The Wrongfully Convicted, John H. Blume
The Dilemma Of The Criminal Defendant With A Prior Record - Lessons From The Wrongfully Convicted, John H. Blume
John H. Blume
This article examines challenges the conventional wisdom that an innocent defendants will testify on their own behalf at trial. Data gathered from the cases of persons subsequently exonerated due to DNA evidence demonstrates that factually innocent defendants do not testify on their own behalf at substantially higher rates than criminal defendants generally. Why? The primary reason is that many of these individuals had been previously convicted of a crime, and they did not testify at trial because of the risk that their credibility would be impeached with evidence of the prior record and, despite any limiting instruction the court might …
The Unexonerated: Factually Innocent Defendants Who Plead Guilty, John H. Blume, Rebecca K. Helm
The Unexonerated: Factually Innocent Defendants Who Plead Guilty, John H. Blume, Rebecca K. Helm
John H. Blume
Several recent high profile cases, including the case of the West Memphis Three, have revealed (again), that factually innocent defendants do plead guilty. And, more disturbingly, in many of the cases, the defendant’s innocence is known, or at least highly suspected, at the time the plea is entered. Innocent defendants plead guilty most often, but not always, in three sets of cases: first, low level offenses where a quick guilty plea provides the key to the cellblock door; second, cases where defendants have been wrongfully convicted, prevail on appeal, and are then offered a plea bargain which will assure their …
Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann
Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann
John H. Blume
No abstract provided.
Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson
Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson
John H. Blume
Under Simmons v. South Carolina, a capital defendant who, if not sentenced to death, will remain in prison with no chance of parole is constitutionally entitled to an instruction informing the jury of the fact, but only if the prosecution engages in conduct that places the defendant's future dangerousness "at issue." Based on data collected from interviews with South Carolina capital jurors, Professors Blume, Garvey and Johnson argue that future dangerousness is on the minds of most capital jurors, and is thus "at issue" in virtually all capital trials, regardless of the prosecution's conduct. Accordingly, the authors argue that the …
The Changing Face Of Retroactivity, John H. Blume, William Pratt
The Changing Face Of Retroactivity, John H. Blume, William Pratt
John H. Blume
Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicially limit the scope of federal habeas corpus review. In Teague, a plurality of the Court held that new rules of criminal procedure do not apply retroactively to cases which have already become final on direct review at the time the new rule is decided. Thus, in most cases, a petitioner in collateral proceedings will not receive the benefit of any new rules decided after his conviction is affirmed on direct appeal and the United States Supreme Court denies certiorari. Moreover, a …
Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John Blume, Theodore Eisenberg
Judicial Politics, Death Penalty Appeals, And Case Selection: An Empirical Study, John Blume, Theodore Eisenberg
John H. Blume
Several studies try to explain case outcomes based on the politics of judicial selection methods. Scholars usually hypothesize that judges selected by partisan popular elections are subject to greater political pressure in deciding cases than are other judges. No class of cases seems more amenable to such analysis than death penalty cases. No study, however, accounts both for judicial politics and case selection, the process through which cases are selected for death penalty litigation. Yet, the case selection process cannot be ignored because it yields a set of cases for adjudication that is far from a random selection of cases. …
A Reintroduction: Survival Skills For Post-Conviction Practice In South Carolina, John H. Blume, Emily C. Paavola
A Reintroduction: Survival Skills For Post-Conviction Practice In South Carolina, John H. Blume, Emily C. Paavola
John H. Blume
Post-conviction practice is an important safeguard against unjust, unconstitutional, and erroneous convictions. Despite the importance of the topic, the subject has historically received scant attention from legal commentators. In 1994, "An Introduction to Post-Conviction Remedies, Practice And Procedure in South Carolina" was published. At the time, very little had been written about the post-conviction remedies available to prisoners in South Carolina, and the article was intended to introduce appointed counsel and pro se inmates to the various post-conviction remedies available. In the forty years since its initial enactment, South Carolina's Post-Conviction Relief (PCR) Act was amended three times, the South …
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
John H. Blume
"Lennie" refers to Lennie Small, the intellectually disabled character in John Steinbeck's famous novella Of Mice and Men, which tells the story of two Depression-era wandering farmhands, George and Lennie, who dream of getting their own stake and living "off the fat of the land." Their dream dies hard when Lennie accidently kills the young, beautiful, and flirtatious wife of a ranch owner's son and then tries to cover it up because he realizes that he has "done a bad thing." George, in turn, kills Lennie to prevent him from being lynched or tried for murder. Lennie was doomed because …
Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey
Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey
John H. Blume
No abstract provided.
Of Atkins And Men: Deviations From Clinical Definitions Of Mental Retardation In Death Penalty Cases, John H. Blume, Sheri Johnson, Christopher W. Seeds
Of Atkins And Men: Deviations From Clinical Definitions Of Mental Retardation In Death Penalty Cases, John H. Blume, Sheri Johnson, Christopher W. Seeds
John H. Blume
Under Atkins v. Virginia, the Eighth Amendment exempts from execution individuals who meet the clinical definitions of mental retardation set forth by the American Association on Intellectual and Developmental Disabilities and the American Psychiatric Association. Both define mental retardation as significantly subaverage intellectual functioning accompanied by significant limitations in adaptive functioning, originating before the age of 18. Since Atkins, most jurisdictions have adopted definitions of mental retardation that conform to those definitions. But some states, looking often to stereotypes of persons with mental retardation, apply exclusion criteria that deviate from and are more restrictive than the accepted scientific and clinical …
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
John H. Blume
Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience. Heeding that simple proposition we present lessons from the work of the Capital Jury Project, an ongoing empirical research effort built upon extended interviews with people who have actually sat on capital juries. We find that the standards for …
Crime Labs And Prison Guards: A Comment On Melendez-Diaz And Its Potential Impact On Capital Sentencing Proceedings, John Blume, Emily Paavola
Crime Labs And Prison Guards: A Comment On Melendez-Diaz And Its Potential Impact On Capital Sentencing Proceedings, John Blume, Emily Paavola
John H. Blume
The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right "to be confronted with the witnesses against him." Four years ago, in Crawford v. Washington, the United States Supreme Court held that this right bars the admission of testimonial hearsay statements against criminal defendants, regardless of whether or not the statements fall within an evidentiary hearsay exception. It was a decision that other courts later described as a "bombshell," a "renaissance," and "a newly shaped lens" through which to view the Confrontation Clause. The case generated an extensive amount of discussion among legal commentators. Since its …
The Delaware Death Penalty: An Empirical Study, Sheri Johnson, John H. Blume, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
The Delaware Death Penalty: An Empirical Study, Sheri Johnson, John H. Blume, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
John H. Blume
For the last five years, we have conducted an empirical study of the “modern era” of capital punishment in Delaware. By “modern era,” we refer to the time period after the Supreme Court’s 1972 decision in Furman v.Georgia, which invalidated all then-existing state death penalty regimes. Some readers might ask, “Why Delaware?” They might observe that it is a small state and is not a significant national player in terms of death sentences imposed or death row inmates executed. While both are true, several features of Delaware’s capital punishment system intrigue us. First, Delaware has a high death sentencing rate. …
An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin
An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin
John H. Blume
For many prisoners, federal habeas corpus stands as the last opportunity to challenge the constitutionality of their convictions or sentences. Simply navigating through the procedural maze of habeas practice, however, is a formidable task for inmates proceeding pro se and prisoners represented by counsel. Tragically, those who have had a fundamentally unfair trial, and even those who are innocent, may easily stumble. Since 1867, habeas corpus, or the Great Writ, has been available to state prisoners "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or …
Aedpa: The "Hype" And The "Bite", John H. Blume
Aedpa: The "Hype" And The "Bite", John H. Blume
John H. Blume
On April 24, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Thus, the AEDPA era began. While Clinton's presidential signing statement paid lip service to meaningful federal court review of state court convictions, AEDPA's supporters knew better. The fix was in, and happy habeas days were here again. But, as the old saying goes, "What if you gave a revolution and nobody came?" As I will argue, that is in many (but not all) respects what happened. In this Article, I have argued that AEDPA was, in many respects, more "hype" than "bite." For …
In Defense Of Noncapital Habeas: A Response To Hoffmann And King, John H. Blume, Sheri Lynn Johnson, Keir M. Weyble
In Defense Of Noncapital Habeas: A Response To Hoffmann And King, John H. Blume, Sheri Lynn Johnson, Keir M. Weyble
John H. Blume
No abstract provided.
Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld
Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld
John H. Blume
The conventional wisdom is that most trials are won or lost in jury selection. If this is true, then in many capital cases, jury selection is literally a matter of life or death. Given these high stakes and Supreme Court case law setting out standards for voir dire in capital cases, one might expect a sophisticated and thoughtful process in which each side carefully considers which jurors would be best in the particular case. Instead, it turns out that voir dire in capital cases is woefully ineffective at the most elementary task--weeding out unqualified jurors. Empirical evidence reveals that many …
Understanding Teague V. Lane, John H. Blume, William Pratt
Understanding Teague V. Lane, John H. Blume, William Pratt
John H. Blume
No abstract provided.
Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume
Ten Years Of Payne: Victim Impact Evidence In Capital Cases, John H. Blume
John H. Blume
No abstract provided.