Attorneys and law firms that work on pro bono death penalty cases demonstrate their commitment to this fundamental principle of the American justice system: that every person charged with a crime is entitled to a fair trial and competent legal representation. We salute all of the lawyers and law firms that have worked on post-conviction cases for their courageous efforts to ensure that indigent death row prisoners receive high-quality representation. Their efforts truly make a difference in the lives of their clients and ensure that the dream of equal justice is not deferred indefinitely for indigent men and women on death row.

Recent Pro Bono Successes

• In October 1993, Goodwin Proctor accepted a death penalty case on behalf of Kenneth Richey. This past year, after 15 years of post-conviction battles, their attorneys won a new trial for him and he was ultimately freed from prison.
  To view a timeline of Kenneth Richey's case, please click here.
  To view Goodwin Proctor's entire 2007 Pro Bono Annual Report, please click here.
• On April 28, 2008, Mr. Jimmy Meders was granted an evidentiary hearing in Georgia on his habeas petition.Congratulations to Joel Covelman, Jon Cantor, and Derek Whitefield of Dykema Gossett, PLLC, for all of their efforts on Mr. Meders’ behalf.
• On April 17th, 2008, years of outstanding representation and negotiation with the Commonwealth of Pennsylvania by attorneys from Blank Rome LLP and Sutherland resulted in the Philadelphia Court of Common Pleas vacating Wilfredo Ramos’ capital sentence and re-sentencing him to life in prison without parole. Mr. Ramos was also granted an evidentiary hearing on his guilt, which will be held this July. Thank you and congratulations to Blank Rome LLP and Sutherland, for all of their hard work and success on behalf of Mr. Ramos.
• On November 8, 2007, the Supreme Court of Mississippi granted penalty phase habeas relief to Mr. Fred Spicer on the ground that his trial counsel was ineffective for failing to investigate and present evidence about his social history. Congratulations to the attorneys at Skadden Arps: Brandon Duncomb, Emily Haffner, Frances Kao, Amy Van Gelder, David Pehlke, David Prohofsky and Christian M. Tchen; Skadden legal assistants Julie Gilchrist, David Hertzig, and Mirjana Mirkovic; former Skadden attorney Hope Calder; and Mississippi counsel Michael Adelman for all their efforts on Mr. Spicer’s behalf.
• On October 31, 2007, Judge Lynn O’Malley Taylor of Marin County, California, issued an injunction that bans the state from using its newly developed lethal injection procedures. Judge Taylor held that the state broke the law when it did not allow for public comment, public hearings and independent agency review before issuing its new lethal injection plan. Congratulations to Brad Phillips, Adam Badawi and Grant Davis-Denny, attorneys from Munger, Tolles & Olson LLP , who represented the death row inmates in the case.
• On August 30, 2007, the Supreme Court of Mississippi granted a petition for post-conviction relief for Roger Thorson. Roger’s case was remanded to the circuit court of Harrison County for an Atkins hearing. Congratulations to Mr. Jim Davis, and to Mr. Daniel Brennan and Mr. Richard Klawiter from DLA Piper for their hard work and superior representation efforts.
• On July 12, 2007, the Supreme Court of Florida ordered a new trial for Merrit Alonzo Sims, based on his trial counsel's failure to object to certain testimony relating to Sim's alleged motive. Congratulations to P. Benjamin Duke of Convington & Burling, LLP for this recent success. This marks the third sentence that has been overturned by Covington & Burling's volunteer attorneys in less than a year. Much thanks and congratulations are due to Covington & Burling for their superior representation efforts.
• On June 6, 2007, the Court of Criminal Appeals of Texas reversed the conviction of Michael Scott and granted him a new trial. The reversal was based on insufficient evidence to support the conviction and constitutional error committed by the trial court in allowing Michael’s codefendant’s statement in as evidence. Congratulations to Mr. Ariel Payan for the superior representation he provided to Michael.
• On December 4, 2006 Virginia Governor Tim Kane granted an 18 month reprieve to Percy Levar Walton due to significant questions about Percy's mental competence. Congratulations to Jenny Givens and Rob Lee at the Virginia Resource Center, and Nash Bilisoly and John Howley of Kaye Scholer LLP, for all of their efforts on Percy's behalf.
• On November 20 2006, Senior District Judge Harold Albritton of the Middle District in Alabama granted penalty phase habeas relief to Mr. Holly Wood on the ground that his counsel were ineffective for failing to investigate and present evidence of his mental retardation and mental disability. Mr. Wood received pro bono representation from John Howley and his colleagues at Kaye Scholer LLP in New York City and Washington D.C.
• In October 2006, the Mississippi Supreme Court granted Kevin Scott’s petition for post conviction relief on the issue of mental retardation and remanded to the circuit court for an evidentiary hearing. Mr. Scott received pro bono representation from a team of attorneys at Crowell & Moring and Phelps Dunbar
• On March 31, 2006, the United States District Court for the Southern District of Texas granted habeas relief to Jose Rivera. Reversing the decision of the Texas Court of Criminal Appeals, the District Court ruled that Rivera was mentally retarded. This finding was based on multiple factors, including Rivera’s IQ test scores and educational history. Rivera dropped out of school at age 17, having only reached ninth grade. At age 14, Rivera was diagnosed as having attained a first grade level of proficiency in reading, writing, and math. Using the test for mental retardation in the landmark United States Supreme Court case Atkins v. Virginia. Because Rivera was found to be mentally retarded, the court ruled that the state of Texas is prohibited from executing him, based on the ruling of the United States Supreme Court in. Vinson & Elkins LLP, a law firm recruited by the Project, provided pro bono representation to Mr. Rivera.
• On December 13, 2005, the Seventh Circuit Court of Appeals affirmed a district court decision granting habeas relief to Obadyah Ben-Yisrayl, formerly known as Christopher Peterson. The Indiana Supreme Court had determined that the prosecutor did not violate Ben-Yisrayl’s Fifth Amendment rights during his closing argument. The Seventh Circuit found that the state court’s determination (that the prosecutor’s commentary on the defendant’s decision not to testify was “harmless error”) was an unreasonable application of clearly-established federal law. Sidley Austin Brown & Wood LLP, a law firm recruited by the Project, provided pro bono representation to Mr. Ben-Yisrayl.
• The U.S. District Court for the Eastern District of Pennsylvania granted penalty phase relief on July 29, 2005 to Saharris Rollins, who was jointly represented by the law firm Duane Morris, LLP and the Philadelphia Federal Defender’s capital habeas unit. The district court granted relief for ineffective assistance of counsel due to counsel’s failure to investigate and present mitigating evidence concerning Mr. Rollins background, including being abused as a child, experiencing the deaths of virtually all close family members, having suffered brain damage, and being diagnosed with psychiatric disorders. Mr. Rollins is the 20^th Pennsylvania death row inmate to win state or federal post-conviction relief with the pro bono assistance of a private law firm.
• In July 2005, a team of lawyers from Davis, Polk and Wardwell in New York prevailed on behalf of a mentally retarded client on Georgia’s death row who had been convicted of a double homicide and robbery. A Superior Court in Butts County, Georgia granted Larry Jenkins a new trial. During the appeal, the Davis Polk team and Georgia Resource Center attorneys argued that Mr. Jenkins had ineffective trial counsel and that prosecutors had suppressed exculpatory evidence implicating an individual who was questioned by the police but never indicted for the crime.
• King & Spalding in Houston is currently representing Charles Raby in his federal habeas corpus proceedings. In July, the Texas Court of Criminal Appeals reversed a Harris County trial court’s decision to deny defendant’s request for DNA testing on physical evidence found at the scene of the crime. This is the first time the TCCA has reversed a lower court’s decision concerning post-conviction DNA testing.
• Howrey LLP attorneys recently prevailed on behalf of a pro bono client on death row in Georgia. In June 2005, the U.S. Supreme Court vacated the Eleventh Circuit Court of Appeals’ judgment in John Washington Hightower’s case and remanded for reconsideration in light of the recent Supreme Court decision in Miller-El concerning racial bias in jury selection. Howrey attorneys, who had handled the case since 1992, had most recently filed a cert. petition, which resulted in this recent decision.
• In January of 2005, the Sixth Circuit Court of Appeals overturned Kenneth Richey's death sentence and conviction for aggravated felony murder for starting a fire that resulted in the death of a child. Although there was very little evidence that the fire was the result of arson and what evidence the prosecutors did have has now been shown to likely have been contaminated, Richey was convicted. Evidence of errors made by police and fire marshal investigators, as well as those of the defense trial counsel’s own so-called forensic "expert," presented by Richey’s post-conviction pro bono attorneys Ken Parsigian and Paul E. Nemser of Goodwin Proctor led the Sixth Circuit to its decision. John Howley and his law firm of Kaye Scholer LLP filed an amicus brief on behalf of the UK government in support of Richey's successful 6th Circuit appeal. Prosecutors continue to seek a retrial in the case.