Equal Justice Initiative

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.

Decision Called “A Significant Victory for Children”

(Montgomery, AL) The U.S. Supreme Court today issued an historic ruling in Graham v. Florida that holds life without parole sentences for juveniles convicted of non-homicide offenses unconstitutional. Terrance Graham, sentenced to life without parole at 17, is now entitled to a resentencing hearing. Dozens of other juveniles sentenced to life without parole are now entitled to relief, including Joe Sullivan, whose case also was argued on this issue.

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."

The United States Court of Appeals for the Ninth Circuit held on January 5, 2010, that Washington State's felon disenfranchisement law violates the Voting Rights Act because it results in minorities being denied access to the polls on account of their race.

The American Law Institute, comprised of 4000 judges, lawyers, and law professors who shape and help promote consistency in the law throughout the United States, recently disavowed the intellectual framework for the modern death penalty system.

On December 18, 2009, the Alabama Court of Criminal Appeals reversed David Riley's capital murder conviction and remanded his case for a new trial because the trial court allowed his jury to consider highly prejudicial evidence in an illegal manner.

The United States Supreme Court reaffirmed this week in a case from Florida, Porter v. McCollum, that a defense lawyer must conduct a reasonable investigation to uncover mitigating evidence in preparation for a capital trial.