NYT: Judges’ Dissents for Death Row Inmates Are Rising

[Heidi]

August 14, 2009

It took just 80 words for a federal appeals court to deny Kevin Cooper’s most recent plea to avoid execution. But attached to that order was a forceful 101-page dissent by a judge, all but pleading to spare Mr. Cooper’s life.

“The State of California may be about to execute an innocent man,” it began.

The judge who wrote the dissent, William A. Fletcher of the United States Court of Appeals for the Ninth Circuit, in San Francisco, argued that the police and prosecutors had withheld and tampered with evidence in the case for decades; Judge Fletcher even accused the district court of having sabotaged the case.

Compared with the dry, mannerly prose found in many opinions, Judge Fletcher’s passion in Cooper v. Brown is startling. But these kinds of fervent, lonely dissents, urging that a prisoner’s life be spared, have noticeably increased in the last decade, compared with previous years, according to a review of death penalty opinions by The New York Times, as confirmed by experts in the field.

In dozens of capital cases in recent years, appeals court judges, some of whom have ruled in favor of the death penalty many times, have complained that Congress and the Supreme Court have raised daunting barriers for death row prisoners to appeal their convictions, and in many cases the judges have taken on their colleagues.

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[TexasObserver]

1. Recommend

[Solly Mack]

2. K&R

[BlooInBloo]

3. "“The State of California may be about to execute an innocent man”"

End of the game right there.

[LiberalAndProud]

4. “The State of California may be about to execute an innocent man,”

I hope that phrase will echo in the halls of justice, as we have echoed it here.

[EFerrari]

5. Maybe we'll have an outbreak of sanity.

[Heidi]

6. I guess anything's possible, even that.

Mornin', EFerrari! :hi:

[EFerrari]

8. Thanks for posting this bit of good news Heidi.

:hi:

[Wilms]

7. .

[spanone]

9. state sanctioned murder...

i like this trend