U.S. Supreme Court Ruling Undercuts Sixth Amendment Right to Effective Trial Counsel - Floridians for Alternatives to the Death Penalty

FOR IMMEDIATE RELEASE

May 24, 2022

Contact: Maria DeLiberato

(727) 503-2730

U.S. Supreme Court Ruling Undercuts Sixth Amendment Right to Effective Trial Counsel

TAMPA, Florida – In a 6-3 decision, the United States Supreme Court yesterday removed an important mechanism for enforcing the fundamental constitutional right to effective trial counsel.

The ruling in Shinn v. Ramirez and Jones forecloses federal review of new evidence of ineffective state trial counsel and leaves the federal court with no way to provide relief to individuals who were wrongly convicted or sentenced because they were not effectively represented in state court.

Maria DeLiberato, the newly appointed Executive Director of Floridians for Alternatives to the Death Penalty (FADP), called the ruling a “disturbing undermining of the Sixth Amendment right to the effective assistance of counsel.”

“The ruling not only increases the risk that an innocent person will be wrongfully executed. It also increases the risk of wrongful execution for people with serious mental illness and intellectual disability.”

FADP board member Herman Lindsey called the decision “confounding.” Lindsey, who was wrongfully convicted and served three years on Florida’s death row before being fully exonerated in a unanimous decision by the Florida Supreme Court, added, “There are so many problems of fairness and accuracy in the criminal justice system that it makes no sense to take away an opportunity to correct an injustice.” He added, “The death penalty is declining everywhere and this decision ignores that reality.”

DeLiberto, who takes the reins as Executive Director of FADP on June 1, said losing the additional layer of federal review is yet another reason to end the death penalty.

“Until the day when we accept the death penalty as the abysmal failure that it is, we must ensure a reliable state court process and enact state laws to protect those who are most vulnerable to wrongful convictions or sentences: people with serious mental illness.”

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Floridians for Alternatives to the Death Penalty (FADP) is a statewide grassroots organization working to end the death penalty in Florida. Our network includes more than 100 state and local groups and thousands of individual Floridians, including murder victims’ family members and other survivors of violent crime, law enforcement professionals, families of the incarcerated, and death row exonerees.