supposed to end this problem. A variety of irrelevant and improper factors, other than the circumstances of the offense and the character and background of the defendant, continue to influence the likelihood of a defendant being capitally charged and sentenced to death. One factor often noted is the quality of defense representation. In a speech at the University of the District of Columbia in 2001, Justice Ginsburg said, who are well represented at trial do not get the death penalty. I have yet to see a death case among the dozens coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well represented at A. Gearan, Associated Press, Court justice supports death penalty April 10, 2001. Governor Joe Kernan commuted the death sentence of Michael Daniels in part because of the poor representation he received at trial. In his clemency statement, Kernan wrote: By a 3-2 vote, with Justices and Rucker dissenting, the Indiana Supreme Court agreed that the judicial system could not address the inadequacy of representation. The majority found that principles of waiver precluded the second conviction court from vacating death sentence despite the poor performance of both trial and first post-conviction counsel. The dissenters said, however, that majority places too high a premium on finality and discounts evidence that suggests Daniels may not have been the perpetrator of these horrendous Justices Boehm and Rucker identified a substantial amount of evidence casting doubt on role in the crimes that was not
supposed to end this problem. A variety of irrelevant and improper factors, other than the circumstances of the offense and the character and background of the defendant, continue to influence the likelihood of a defendant being capitally charged and sentenced to death. One factor often noted is the quality of defense representation. In a speech at the University of the District of Columbia in 2001, Justice Ginsburg said, who are well represented at trial do not get the death penalty. I have yet to see a death case among the dozens coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well represented at A. Gearan, Associated Press, Court justice supports death penalty April 10, 2001. Governor Joe Kernan commuted the death sentence of Michael Daniels in part because of the poor representation he received at trial. In his clemency statement, Kernan wrote: By a 3-2 vote, with Justices and Rucker dissenting, the Indiana Supreme Court agreed that the judicial system could not address the inadequacy of representation. The majority found that principles of waiver precluded the second court from vacating death sentence despite the poor performance of both trial and first post-conviction counsel. The dissenters said, however, that majority places too high a premium on finality and discounts evidence that suggests Daniels may not have been the perpetrator of these horrendous Justices Boehm and Rucker identified a substantial amount of evidence casting doubt on role in the crimes that was not conviction