Georgia Democratic Rep. Hank Johnson has re-introduced a bill aimed at providing death row inmates with the opportunity to introduce newly discovered evidence in their appeals. The bill, known as H.R. 9868 or the Effective Death Penalty Act, seeks to amend a provision in the U.S. Code governing habeas corpus petitions filed by state prisoners.
Johnson emphasized the importance of allowing inmates to present compelling new evidence of innocence, stating that the current system is both inhumane and unconstitutional. Under existing law, federal courts are restricted from granting habeas corpus petitions until all state court remedies have been exhausted, a requirement established by the U.S. Supreme Court in 1999 to ensure state courts have the opportunity to address federal constitutional claims.
If passed, the bill would enable death row inmates to introduce newly discovered evidence indicating their probable innocence and raise ineffective counsel claims on direct appeal, a provision not universally allowed by all states. This addition follows the 2022 Supreme Court case, Shinn v. Ramirez, which limited the consideration of evidence beyond the state-court record in cases involving ineffective counsel claims.
Johnson, along with co-sponsors Rep. Chellie Pingree, Democratic House Delegate Eleanor Holmes Norton, and Rep. Jan Schakowsky, advocates for the bill as a necessary measure to assist wrongly convicted individuals facing capital punishment in states where executions are still carried out. The Supreme Court recently heard oral arguments in the case of Oklahoma inmate Richard Glossip, who is challenging his conviction for a 1997 murder-for-hire, citing ineffective assistance of counsel and the suppression of key witness testimony.
Justice Neil Gorsuch recused himself from the appeal due to prior involvement in the case while serving on a lower court. The bill's proponents continue to push for reforms in the death penalty appeals process to ensure fairness and justice for all individuals facing capital punishment.
