Equal Justice Initiative

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.

EJI staff with honoree Diane Jones, second from left.

On March 23, 2010, EJI honored George Kendall, Director of Squire, Sanders & Dempsey's Public Service Initiative, and Thomas Sager, general counsel of the DuPont Company and DuPont's legal department, with its Equal Justice Award. The second annual award event celebrated the triumph of Diane Jones, the first woman in Alabama to be released from Tutwiler Prison after being sentenced to life in prison without parole.

The Alabama Supreme Court on Friday reversed the summary denial of death row inmate Robert Ingram's postconviction petition because it could not be sure that the trial court's order - which was written by the prosecutor - actually reflected the court's independent findings and judgment.

In 2009, Alabama increased its prison population to over 31,000 people. That same period saw the state prison population nationwide decline for the first time in nearly 28 years as states implemented new technology and parole reforms to reduce reliance on incarceration in the face of crippling costs.

On March 5, 2010, the Alabama Court of Criminal Appeals reversed Jodey Waldrop's conviction and death sentence, ruling that his jury improperly was allowed to consider highly prejudicial prior conviction evidence.

New EJI data analysis shows that the Eleventh Circuit - comprised of Alabama, Florida, and Georgia - has a higher per capita death sentencing rate than any other federal circuit.

The Alabama Court of Criminal Appeals on February 5, 2010, reversed the capital murder conviction and death sentence imposed on Thomas Lane because he was denied his Sixth Amendment right to counsel.

The Alabama Supreme Court this week stayed the execution of Robert Melson, which had been scheduled for February 18, 2010, because his appeal is still pending at the United States Supreme Court. Mr. Melson was denied all federal review of his constitutional claims because his incompetent lawyer did not properly sign a pleading and filed a notice of appeal in the wrong state court.

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 Supreme Court today denied relief in Wood v. Allen, an Alabama case which asked the Court to address whether trial lawyers performed adequately when they failed to investigate and present evidence of mental retardation. The decision focused on the procedural rules that limit federal habeas corpus review and did not reach the merits of Mr. Woods's claim.