CA Aims to Appease Death Penalty Appeals Process

Court Alerts

The California Supreme Court proposed a constitutional amendment to change the death penalty appeals process on Monday in an effort to ease the backlog in the state's death penalty system.

California has the largest number of inmates on Death Row in the nation. With 666 condemned inmates who must appeal through the Supreme Court, the average time between sentencing and execution is more than 17 years—twice the nation’s average.

Thirty people have been on death row for more than 25 years, 119 for more than 20 years and 408 for more than a decade.

Chief Justice Ronald George, who announced the proposal, said the court spends around 20 percent of its time on capital cases alone. The amendment would allow the Court, which is required to hear all death sentence appeals, to send some of the cases to one of six appeals court in the state.

“For many, many years, people have lamented the very slow process of these capital cases," George told the San Francisco Chronicle. "And rather than just speak about the delay and how the system is dysfunctional, I thought this would be a good idea to consider as a way to improve the system."

If the amendment were approved, the court would refer 30 cases a year at most to the appellate courts, according to George.

The chief justice said death penalty rulings by the U.S. Supreme Court and the 400 death penalty cases decided by the State Supreme Court would provide considerable guidance to the state appeals court, according to the Los Angeles Times.

The state high court, however, would retain the right of final review, George noted.

George said he is looking for a legislator who will sponsor the measure, which he hopes will secure the two-thirds vote needed from lawmakers to appear on the November 2008 ballot. A majority of state voters would also need to approve the amendment.

Professor Evan Lee at UC Hastings College of the Law welcomed the proposal and said that the court should be spending more answering “highly controversial questions of law or novel questions of law.”

Many death penalty cases "are what we call fact-bound," Lee told the San Francisco Chronicle. “Those are the kinds of cases that for the Supreme Court are sort of a waste of time.”

California Attorneys for Criminal Justice, a defense lawyers' association, disagreed that the constitutional amendments would cure “court congestion” in the state. The major problem instead is the lack of qualified attorneys, a matter not addressed in the proposal, argued the group, according to the Associated Press.

Stefanie Faucher, a spokeswoman for Death Penalty Focus, a San Francisco-based organization that opposes capital punishment, said the proposal has her “very concerned.”

"Further increasing of the number of individuals reviewing these cases ... could cause increased disparities in the already unfair administration of the death penalty,” she said.

Related listings

  • New York Man Cleared on "Standing" Charges

    New York Man Cleared on "Standing" Charges

    Court Alerts 11/21/2007

    New York state's highest court ruled it was not illegal to stand on a sidewalk, handing a win to a man arrested after refusing to move from the spot where he was standing and talking to friends in busy Times Square. The New York Court of Appeals deci...

  • Uzan Family's $1 Billion Upheld by Appeals Court

    Uzan Family's $1 Billion Upheld by Appeals Court

    Court Alerts 11/21/2007

    A U.S. appeals court upheld a $1 billion punitive damages award to Motorola Inc against the Uzan family of Turkey on Wednesday. A three-judge panel of the U.S. Court of Appeals for the Second Circuit said the lower court "properly applied the variety...

  • CPDC President Pleads Guilty to Obstruction of Audit

    CPDC President Pleads Guilty to Obstruction of Audit

    Court Alerts 11/19/2007

    The president of the Los Angeles-based Community Partnership Development Corporation (CPDC) pleaded guilty this morning to charges of obstructing an audit conducted by the United States Department of Housing and Urban Development, which was looking i...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read