USA - Texas. Six death sentenced were reformed this year due to intellectual disability.

25 December 2020 :

Six death sentenced were reformed this year due to intellectual disability.
The U.S. Supreme Court’s decision in Moore v. Texas in 2017, which found that Texas courts were using outdated, non-medical criteria to assess intellectual disability claims in capital cases, continued to impact Texas’s death row population. The death sentences of six individuals were reformed this year after prosecutors, district court judges, and the CCA agreed that evidence of their intellectual disability rendered them exempt from execution. They were: James Henderson (April 15, 2020); Juan Lizcano (September 16, 2020); Gilmar Guevara (September 23, 2020); Geronimo Gutierrez (November 25, 2020); Clifton Williams (December 9, 2020) and Kenneth Wayne Thomas (June 4, 2020). On average, the 6 men had each spent more than 20 years on death row. Bobby Moore himself, the petitioner in Moore v. Texas, was granted parole and released from prison on August 6, 2020 after 40 years of incarceration.
“These cases illustrate the futility of the death penalty,” said former Texas Court of Criminal Appeals Judge Elsa Alcala. “The State devoted an exorbitant amount of time, energy, and resources to maintaining these unconstitutional death sentences, even though evidence of intellectual disability was presented years ago.”
Another individual who spent 40 years on Texas’s death row, Cesar Fierro, was paroled in May 2020 after being re-sentenced to life in prison at the beginning of the year because jurors had not been given the opportunity to fully consider mitigating evidence during the punishment phase of his trial.
Over the past 5 years, a total of 32 individuals have been removed from Texas’s death row for sentence reductions (26) or deaths in custody (6). During this same period, 39 people were executed, illustrating just how arbitrary capital punishment continues to be in the Lone Star State.

https://tcadp.org/wp-content/uploads/2020/12/Texas-Death-Penalty-Developments-in-2020-FINAL.pdf

 

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