Equal Justice Initiative

EJI attorneys recently argued that the Alabama Court of Criminal Appeals should order a new trial for death row prisoner Mark Brown because the judge illegally instructed the jury that it could find Mr. Brown guilty of capital murder even if he did not intend to kill the victims.

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.

United States Supreme Court Associate Justice John Paul Stevens told a judicial conference audience that DNA testing has revealed that the risk of wrongfully convicting and sentencing an innocent person is increased in death-penalty cases.

A Dale County Circuit Court has ordered a new trial for Emanuel Gissendanner because his trial lawyers' poor performance and the prosecution's failure to turn over evidence violated his constitutional rights. The ruling came after the same judge who presided over the original trial heard compelling testimony from alibi witnesses, forensic experts, and family members that raised questions about whether Mr. Gissendanner committed the capital murder for which he was sentenced to death.

On Friday, the Alabama Supreme Court held that death row inmate James Harrison has a right to have a judge consider his claim that jurors engaged in misconduct at his capital murder trial. The case was sent back to the trial court for an evidentiary hearing.