LIST OF SUCCESSFUL DEATH PENALTY CASES THAT SUMMER AND ACADEMIC
YEAR LAW CLERKS MEANINGFULLY ASSISTED WITH RESEARCH, WRITING,
EVIDENTIARY HEARINGS AND ORAL ARGUMENT
Obviously, over the years, law students have assisted with both
successful and unsuccessful cases. Below are listed some successful
procedural and merits-based cases that demonstrate that the efforts
of law students make a difference in this difficult area of the law.
Lambert v. Davis, No. 5-2610:
In the summer of 2005, student interns assisted in Lambert v.
Davis, No. 5-2610, with research to obtain a stay of execution
in the United States Court of Appeals for the Seventh Circuit a few
days before an execution scheduled to occur June 21, 2005. On June
17th, the Seventh Circuit issued an Order granting a temporary stay
of execution in order to evaluate Lambert's certificate of
appealability.
The students also assisted in research for Lambert's brief in the
United States Supreme Court, in opposition to the state's attempt to
lift the stay on June 21, 2005. The United States Supreme Court
denied the state's motion. Davis v. Lambert, No. 04A1060
(U.S. Supreme Court June 21, 2005 Order denying application to
vacate stay of execution).
On July 11, 2005, the United States Court of Appeals granted
Lambert's certificate of appealability. The students assisted in the
research of the emergency cross-appeal brief in the Seventh Circuit,
and observed the oral argument on October 26, 2005. The case is
still pending in the Seventh Circuit.
Bradshaw v. Stumpf, 125 S. Ct. 2398 (2005):
During the 2004-2005 winter and spring, students assisted with
the research and editing of the merits brief in the United States
Supreme Court. The U.S. Supreme Court had granted certiorari in Stumpf
v. Mitchell, 04-637, on January 7, 2005. This followed the
success in Stumpf v. Mitchell, 367 F.3d 594 (6th Cir. 2004),
where the Sixth Circuit had remanded for a new trial in the Ohio
state court. Students had previously assisted with the research in
the Sixth Circuit. In addition to helping research and edit the
merits brief in the Supreme Court, students also attended the April
19, 2005 oral argument in the United States Supreme Court. The
Supreme Court on June 13, 2005, reversed in part and remanded to the
Sixth Circuit to clarify its opinions on the sentencing claims. Bradshaw
v. Stumpf, 125 S. Ct. 2398 (2005).
In previous summers and academic years, law students were
involved in the following death penalty cases:
People v. West, 187 Ill.2d 418 (1999) Students assisted in
researching the appellate briefs, and attended oral argument in the
Illinois Supreme Court. West was found not eligible for the death
penalty;
People v. Edgeston, No. 90 CF 358 (Rockford, Illinois
state trial court). Students assisted in research which resulted in
reaching a settlement for a sentence less than death;
Rastafari v. State, No. 45S00-0210-SD-510, unpublished
order (Ind. Feb. 5, 2003) Students assisted in an evidentiary
hearing and post-trial memorandum on issue of mental retardation.
The trial court found the defendant not eligible for the death
penalty because he was mentally retarded;
Smith v. State, 877 So. 2d 369 (Miss. 2004). Students
assisted in the appeal to the Mississippi Supreme Court, which
ultimately remanded for an evidentiary hearing on the issue of
whether the defendant is mentally retarded;
Burris v. Parke, 95 F.3d 465 (7th Cir. 1996) (en banc).
Students assisted with researching substantial issues and attended
two arguments before the United States Court of Appeals for the
Seventh Circuit, both of which were en banc. The Seventh Circuit
remanded to district court for a hearing on the merits;
Mahaffey v. Page, 162 F.3d 481 (7th Cir. 1998). Students
assisted with research and attended oral argument in the United
States Court of Appeals for the Seventh Circuit. The Seventh Circuit
remanded to the state court for a Batson hearing;
Matheney v. Anderson, 253 F.3d 1025 (7th Cir. 2001).
Students assisted with research and attended oral argument in the
United States Court of Appeals for the Seventh Circuit. The Seventh
Circuit remanded for a fitness hearing in the district court;
Wright v. Cowan, 149 F.Supp. 2d 523 (C.D. Ill. 2001);
Wright v. Walls, 288 F.3d 937 (7th Cir. 2002). Students assisted
with research and attended oral argument in the United States Court
of Appeals for the Seventh Circuit. The Seventh Circuit remanded for
a new sentencing hearing. Wright v. Walls, 292 F.3d 933 (7th Cir.
2002) (denying rehearing en banc);
Roche v. Davis, 291 F.3d 473 (7th Cir. 2002). Students
assisted with research and attended oral argument in the United
States Court of Appeals for the Seventh Circuit. The Seventh Circuit
remanded for a new sentencing hearing;
Matthews v. Parker, No. 01-6527. Students assisted with
research and attended oral argument in the United States Court of
Appeals for the Sixth Circuit. On October 24, 2003, the Sixth
Circuit remanded to the Kentucky district court for a hearing on the
merits;
Samra v. State, No. CC-97-384.60 (Circuit Court of Shelby
County, Alabama), students assisted in research and attended oral
argument in Alabama. Ultimately, Samra was granted an evidentiary
hearing on ineffective assistance of counsel in 2003.