I'm excited to share that we've made a collection of historic Supreme Court Records and Briefs available via
@archive.org
I've written a blog post where I go into detail about the importance of this collection.
blog.archive.org/2026/04/20/u...
My yard is filled with violets.
Congratulations!!
🚨 Prison healthcare systems are notoriously bad. And when incarcerated folks experience medical abuse or mistreatment, the only place to turn is the grievance system.
But this system is designed to shut down complaints — not resolve them 🧵
CHIEF JUSTICE TODD OPINION No. 3 WAP 2024 Appeal from the Order of the Superior Court entered June 13, 2023, at No. 1008 WDA 2021, Affirming the Order of the Court of Common Pleas of Allegheny County entered December 19, 2016, at No. CP-02-CR-0016878-2014. : : : : : : : : : : : ARGUED: October 8, 2024 DECIDED: MARCH 26, 2026 In this appeal by allowance, we granted allocatur to consider whether a mandatory sentence of life imprisonment without the possibility of parole for a felony murder conviction violates the Eighth Amendment to the United States Constitution or Article I, Section 13 of the Pennsylvania Constitution.1 For the reasons that follow, we determine that a mandatory life without parole sentence for all felony murder convictions, absent an assessment of culpability, is inconsistent with the protections bestowed upon our citizens
under the “cruel punishments” clause of our Commonwealth’s organic charter.2 Thus, we reverse the order of the Superior Court, vacate Appellant’s judgment of sentence, and remand for resentencing. However, as we have done under similar circumstances, we stay our order for 120 days to provide a reasonable amount of time for the General Assembly to consider remedial measures.
BREAKING: The PA Supreme Court holds that mandatory life without parole sentences for all "felony murder" convictions -- a sentence more than 1,000 people in PA are serving -- violates the state constitution's "cruel" punishment ban. This is GROUNDBREAKING: www.pacourts.us/assets/opini...
That's why we created our Clerkship Handbook: to ensure every qualified student has the resources and encouragement they need to pursue these opportunities. Learn more and download our handbook here: theappellateproject.org/appellate-sy...
I’m trying to read a book. One dog keeps nudging me for pats. The other is alternating between dropping his toy off the sofa and begging me to pick it up and then licking my foot. Ideal reading conditions.
It’s one of my favorites, and not just because I research capital punishment. One of the things I like so much about it is that Mailer brings the people he writes about to life in a way that makes you care about everyone. They all matter.
Our article is published! Co-authoring with @msmith750.bsky.social is a good time.
Organize before writing. Explain why a case is analogous or supports the conclusion or argument (or doesn’t). Analysis is not a list of facts or arguments & a conclusion—explain the significance of facts & the merits of the arguments using the law. Explain it even if it seems obvious!
This isn’t going to fix the workload issue. It will just create expectations that judges will do more. In any event, maybe rulings like this should have limited or no precedential value. I don’t think this is going to help build respect for the judiciary.
New: DOJ Plans to Lower Bar for States to Fast-Track Capital Cases
Gift Link: www.bloomberg.com/news/article...
Are you a law student or recent graduate looking for clerkship opportunities?
State Court Report is hosting a free virtual event on everything you need to know about clerking on a state supreme court. Judges from high courts across the country will share insights. RSVP today:
So yesterday the high was around 80….
Congratulations!!
Yes!!! Governor Ivey has removed Sonny Burton from death row. Thanks so much to all the Undisclosed listeners & everyone else who reached out to the Governor!
When I started as a VAP at W&L, Doug Rendleman went out of his way to make me feel welcome as a new member of the faculty. In addition to being an exceptionally good teacher and productive scholar, he was remarkably kind. It was such a privilege to have been his student and his colleague.
W&L Law is hosting a writing retreat! Details in my colleague's post below. This year's retreat will focus on private law topics. Submissions are due by March 15.
Tonight’s movie was My Cousin Vinny. 11yo now wants to be Vincent LaGuardia Gambini for Halloween.
Rocky Myers, a Black man accused of murdering a white woman in Alabama, was represented at trial by a Klan lawyer named John Mays. He had no idea. 30 years later, he's still behind bars. Please take a moment to read and share. www.treadbylee.com/p/klonsel
I am thrilled that my latest article, The Dirty Work of Executioners is forthcoming in the UC Irvine Law Review! The acknowledgment footnote here is long—so many people encouraged and inspired me, and asked me hard questions that made my work better. Draft coming soon to SSRN…
Margot Tennenbaum, obviously.
“The workers in Kenya say that it feels uncomfortable to go to work. They tell us about deeply private video clips, which appear to come straight out of Western homes, from people who use the glasses in their everyday lives.
Several describe video material showing bathroom visits, sex…”
Professor Lain's book should absolutely be required reading for legislative decisions about capital punishment and execution practices. It's an infinitely better source than almost anything legislators have based execution method decisions on.
I'm hopeful that WV will realize that reinstating the death penalty is a terrible idea, but the notion that methods of execution have to be based on evidence-based scientific research illustrates just how little legislators understand about execution practices. 8/8
Legislators barely do research when adopting methods of execution. The report OK used to adopt nitrogen had limited evidence and was written by people without appropriate credentials in medicine or chemistry. Alabama had no idea what would happen when it started using nitrogen to execute people. 7/x
Medical studies of drugs used in lethal injection assess therapeutic doses--not execution doses. On the other hand, emphasis on evidence-based scientific research might require a DOC to actually do its homework and consider things like the functionality of drugs and ceiling effects. 6/x
Anyone who knows anything about executions should see the problem. Execution practices in the United States absolutely do not involve anything close to "evidence-based scientific research." They are highly experimental and are frequently the product of guesswork. 5/x
Here, however, is what's really interesting. "The method of execution shall comply with both the United States and West Virginia Constitution and shall be carried out according to current evidence-based scientific research, including but not limited to, lethal injection or firing squad." 4/x
This mandate is pretty general, although requiring rule promulgation is more specific than some jurisdictions.
The rules must at a minimum provide for the carrying out of a death sentence within the walls of a WV correctional facility under the direction of WV corrections officials. 3/x