JOHN H. BLUME 158 MYRON TAYLOR HALL ITHACA, NY (607)

Transcription

1 February 23, 2014 JOHN H. BLUME 158 MYRON TAYLOR HALL ITHACA, NY (607) EMPLOYMENT Professor of Law, Director of Clinical, Advocacy and Skills Programs & Director of Cornell Death Penalty Project, Cornell Law School, Ithaca, New York, January 2011 to the present. Professor of Law, Director of Cornell Death Penalty Project, Cornell Law School, Ithaca, New York, March 2006 to January Associate Professor of Law & Director of Cornell Death Penalty Project, Cornell Law School, Ithaca, New York, 2003 to March Visiting Professor of Law & Director of Cornell Death Penalty Project, Cornell Law School, Ithaca, New York, January 1997 to Executive Director, South Carolina Death Penalty Resource Center, Columbia, SC, July 1988 to April 1, Partner, Bruck & Blume, Columbia, SC, February 1987 to July 1988, emphasizing the practice of criminal law and the defense of persons sentenced to death. Associate, McClain & Derfner, Charleston, SC, August 1985 to February 1987, emphasizing the practice of criminal law and civil rights/constitutional litigation. Law Clerk, The Honorable Thomas A. Clark, United States Court of Appeals for the Eleventh Circuit, Atlanta, GA, EDUCATION Yale Law School, J.D., Yale Divinity School, M.A.R., University of North Carolina at Chapel Hill, B.A.,

2 PUBLICATIONS Books: A MODERN APPROACH TO EVIDENCE, with Richard Lempert, Samuel Gross, James Liebman, th & Stephen Landsmann (5 Ed., West Publishing) (2013). DEATH PENALTY STORIES, with Jordan Steiker, Foundation Press (2009). Articles and Book Chapters: The Unexonerated: Factually Innocent Defendants Who Plead Guilty, with Rebecca Helm, (forthcoming fall 2014). Implementing (Or Nullifying) Atkins: The Impact of State Procedural Choices on Outcome in Capital Cases Where Intellectual Disability is at Issue, with Sheri Johnson & Christopher Seeds (forthcoming fall 2014). The American Experience with the Categorical Ban Against Executing the Intellectually Disabled: New Frontiers and Unresolved Questions, with Sheri Johnson and Amelia Hritz (forthcoming in VAGUENESS IN PSYCHIATRY (Oxford University Press 2014)). Atkins v. Virginia: A Ten Year Retrospective, with Sheri Johnson and Paul Marcus, William & Mary Bill of Rights Journal, (forthcoming summer 2014). Killing the Oblivious: An Empirical Study of Competency to be Executed Litigation, with Sheri Johnson and Katherine Ensler, University of Missouri-Kansas City Law Review, (forthcoming spring 2014). Victim Gender and the Death Penalty, with Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells and Sheri Johnson, Univerity of Missouri-Kansas CityLaw Review, (forthcoming spring 2014). Gideon Exceptionalism?, with Sheri Johnson, 122 Yale Law Journal 2126 (2013). Book Review, CRUEL AND UNUSUAL: THE AMERICAN DEATH PENALTY AND THE FOUNDER S EIGHTH AMENDMENT, Political Sentence Quarterly 708 (Winter ). Unholy Paralells between McClesky v. Kemp and Plessey v. Ferguson: Why McClesky (Still) Matters, with Sheri Johnson, 10 Ohio State University Criminal Law Review 37 (2012). -2-

3 The Death Penalty in Delaware: An Empirical Study, with Theodore Eisenberg, Sheri Johnson, Valerie Hans & Martin Wells, 97 Iowa Law Review 1925 (2012). The Folly and Faith of Furman, with Sheri Johnson, 13 Journal of Appellate Practice and Process 32 (2012). Plea Bargaining and the Right to the Effective Assistance of Counsel: Where the Rubber Hits the Road in Capital Cases, 25 Federal Sentencing Reporter 122 (2012). Racial Epithets in the Criminal Process, with Sheri Johnson and Patrick Wilson, 2011 Michigan State Law Review 755 (2012). Convicting Lenny: Mental Retardation, Wrongful Convictions and the Right to a Fair Trial, with Sheri Johnson and Susan Millor, 56 New York Law Review 943 (2012). Unwell: Indiana v. Edwards and the Plight of Mentally Ill Pro Se Defendants, with Morgan Clark, 21 Conrell Journal of Law and Public Policy 151 (2011). In Defense of Non-Capital Habeas: A Reply to Hoffman and King, with Sheri Johnson and Keir Weyble, 96 Cornell Law Review 435 (2011). When Lightning Strikes Back: South Carolina s Return to the Unconstitutional, Standardless, Capital Sentencing Regime of the Pre-Furman Era, 4 Charleston Law Review 479 (2010). The Dance of Death or (Almost) No One Gets Out of Here Alive : The Fourth Circuit s Capital Punishment Jurisprudence, 61 South Carolina Law Review 465 (2010). A Reintroduction: Survival Skills for Post-Conviction Practice in South Carolina, 4 Charleston Law Review 223 (2010). Gilmore v. Utah: The Persistent Problem of Volunteers, in Blume & Steiker, DEATH PENALTY STORIES (Foundation Press 2009). Of Atkins and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases, with Sheri Johnson and Christopher Seeds, 18 Cornell Journal of Law and Public Policy 689 (2009). An Empirical Look at Atkins v. Virginia and its Application in Capital Cases, with Sheri Johnson and Christoper Seeds, 76 Tennessee Law Review 625 (2009). Back to the Future: Reversing Keith Simpson s Death Sentence and Making Peace with the Victim s Family Through Post-Conviction Investigation, with Sheri Johnson, 77 University of Missouri-Kansas City Law Review 963 (2009). -3-

4 Mental Retardation and the Death Penalty Five Years After Atkins, with Sheri Johnson & Christopher Seeds, in THE FUTURE OF AMERICA S DEATH PENALTY (Carolina Academic Press 2009). Crime Labs and Prison Guards: A Comment on Melendez-Diaz and its Potential Impact on Capital Sentencing, with Emily Paavola, 3 Charleston Law Review 205 (2009). Competent Capital Representation: The Necessity of Knowing and Heeding What Jurors Tell Us About Mitigation, with Sheri Johnson and Scott Sundby, 36 Hostra Law Review 1035 (2008). The Dilemma of the Criminal Defendant with a Prior Record Lessons from the Wrongfully Convicted, 5 Journal of Empirical Legal Studies 477 (2008). It s Like Deja Vu All Over Again, Williams v. Taylor, Wiggins v. Smith and a (Partial) Return to the Guidelines Approach to the Effective Assistance of Counsel, with Stacey Neumann, 34 American Journal of Criminal Law 127 (2007). Every Juror Wants a Story, Story: Narrative Relevance and Third Party Guilt and the Right to Present a Defense, with Sheri Johnson & Emily Paavola, 44 American Criminal Law Review 1069 (2007). AEDPA: The Hype and the Bite, 91 Cornell Law Review 259 (2006). Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice and Cumulative Harmless Error, with Christopher Seeds, 95 Journal of Criminal Law and Criminology 1153 (2005). Killing the Willing: Volunteers, Suicide and Competency, 103 Michigan Law Review 939 (2005). Education and Interrogation: Comparing Brown and Miranda, with Sheri Johnson and Ross Feldman, 90 Cornell Law Review 321 (2005). Explaining Death Row s Size and Racial Composition, with Theodore Eisenberg and Martin Wells, 1 Journal of Empirical Legal Studies 165 (2004). Killing the Non-Willing: Atkins, the Volitionally Incapacitated, and the Death Penalty, with Sheri Johnson, 55 South Carolina Law Review 93 (2003). Ten Years of Payne: Victim Impact Evidence in Capital Cases, 88 Cornell Law Review 257 (2003). Twenty-Five Years of Death: A Report of the Cornell Death Penalty Project on the Modern Era of Capital Punishment in South Carolina, 54 South Carolina Law Review 285 (2002). Lessons from the Capital Jury Project, with Theodore Eisenberg and Stephen Garvey, in -4-

5 AMERICA S DEATH PENALTY: BEYOND REPAIR?, (Duke University Press 2002). Probing Life Qualification Through Expanded Voir Dire, with Sheri Johnson and Brain Threlkeld, 29 Hofstra Law Review 1209 (2001). Future Dangerousness in Capital Cases: Always At Issue, with Stephen Garvey and Sheri Johnson, 86 Cornell Law Review 397 (2001). Don t Put Out His Eye, Don t Knock Out His Tooth and Don t Cast the First Stone: Religious Arguments in Capital Cases, with Sheri Johnson, 9 William & Mary Bill of Rights Journal 61 (2000). The Fourth Circuit s Double-Edged Sword : Eviscerating the Right to Present Mitigating Evidence and Beheading the Right to the Assistance of Counsel, with Sheri Johnson, 58 Maryland Law Review 1480 (1999). Judicial Politics, Death Penalty Appeals and Case Selection: An Empirical Study, with Theodore Eisenberg, 72 Southern California Law Review 465 (1999). Post-McClesky Racial Discrimination Claims in Capital Cases, with Sheri Johnson and Theodore Eisenberg, 83 Cornell Law Review 1771 (1998). Death by Default: State Procedural Default in Capital Cases, with Pam Wilkins, 50 South Carolina Law Review (1998). An introduction to Federal Habeas Corpus Practice and Procedure in South Carolina, with David Voisin, 47 South Carolina Law Review 271 (1996). An Introduction to Post-Conviction Practice and Procedure in South Carolina, 45 South Carolina Law Review 235 (1994). Harmless Error in Federal Habeas Corpus After Brecht v. Abrahmson, with Stephen Garvey, 35 William & Mary Law Review 163 (fall 1993). Understanding Teague v. Lane, with William Pratt, XVIII New York University Review of Law and Social Change 325 (1991). The Changing Face of Retroactivity, with William Pratt, 58 University of Missouri-Kansas City Law Review 581 (1990). Racial Discrimination in the State s Use of its Peremptory Challenges: the Application of the Supreme Court's decision in Batson v. Kentucky in South Carolina, 40 South Carolina Law Review 299 (1989). Sentencing the Mentally Retarded to Death: An Eighth Amendment Analysis, with David -5-

6 Bruck, 41 Arkansas Law Review 725 (1988). Deadly Force in Memphis: Garner v. Tennessee, 15 Cumberland Law Review 89 (1984). Other Publications: FEDERAL HABEAS CORPUS UPDATE, with Mark Olive, Denise Young and Keir Weyble th (Administrative Office of the U.S. Courts, 24 Ed., August 2012). An Overview of Constitutional Principles Relevant to Capital Cases in South Carolina, with Emily Paavola (September 2011). Unstacking the Deck: A Handbook for Capital Defense Attorneys Challenging the State s Case in Aggravation, with Emily Paavola (Death Penalty Defense and Resource Center, December 2009). Statement Handbook: Questions to Ask About the Admissibility of a Criminal Defendant s Statements, with Emily Paavola (Death Penalty Defense and Resource Center, August 2009). The Objection Handbook: Preserving Your Trial Objections for Appellate Review, with Emily Paavola I (Death Penalty Defense and Resource Center, September 2008). Numerous articles for various practice oriented publications, e.g., BNA s Criminal Practice Manual, NACDL s The Champion, KACDL The Advocate, South Carolina Bar Journal on issues related to capital defense and the development and presentation of mental health issues in capital cases. SELECT PRESENTATIONS Habeas in the Shadow of the Roberts Court, National Habeas Corpus Seminar, Cleveland, OH, August Atkins v. Virginia: A Ten Year Retrospective, National Habeas Corpus Seminar, Cleveland, OH, August Modifying Your Habeas Mindset, New York City Bar Association Annual Training Seminar, New York, NY, July Significant Empirical Findings Relevant to Capital Litigation, National Seminar on Mitigating Evidence, Baltimore, MD, April The Narrative Importance of Mitigation, Mitigation Skills Institute, Cornell University, September

7 Conceptualizing Habeas Post-Richter and Pinholster, National Habeas Corpus Seminar, Washington, D.C. August Crafting the Brief in Opposition, Supreme Court Practice Institute, New York University School of Law, June Ethical Implications for Post-Conviction Practice of the Supreme Court s Decision in Martinez v. Ryan, National Seminar on Mitigating Evidence, Atlanta, GA, March The Pro s and Con s of Supreme Court Specialists, Supreme Court Institute, Georgetown Law School, Washington, D.C., February Habeas is live and Well: It Just Looks a Little Different, National Habeas Corpus Seminar, Charlotte, NC, August Why Richter Doesn t Matter, Habeas Corpus Resource Center Training Seminar, San Francisco, CA, March AEDPA: A Reintroduction, Capital Habeas Unit Seminar for Federal Judges in the Norther District of Ohio, February, Convicting Lenny: Mental Retardation, Wrongful Convictions and the Right to a Fair Trial, Symposium on Innocence and Procedural Justice, New York Law School, October 2010, New York, NY. Supreme Court Practice, National Habeas Corpus Seminar, August 2010, Cleveland, OH. Mental Retardation Litigation in Capital Cases: Lessons Learned, American Association of Individual with Intellectual Disabilities, June 2010, Providence, RI. WA. Post-Atkins Developments, National Seminar on Mitigating Evidence, April 2010, Seattle, Volunteers: The Relationship between Suicide and Death Row Inmates who Waive their Appeals, American Academy of Psychiatry and the Law Annual Meeting, November 2009, Baltimore, MD. New Hope for an Old Punishment? What will the Future Bring: The Death Penalty in Thailand and China, Clarke East Asia Speaker Series, Cornell Law School, October, 2009, Ithaca, NY. The Fourth Circuit s Capital Punishment Jurisprudence, Fourth Circuit Symposium, University of South Carolina School of Law, October 2009, Columbia, SC. -7-

8 Criminal Cases Pending before the Supreme Court, Supreme Court Preview, William & Mary School of Law, October 2009, Williamsburg, VA. Supreme Court Update, National Habeas Corpus Seminar, August 2009, Pittsburgh, PA. Protecting Relief: Strategies for Getting Certiorari Denied, Supreme Court Advocacy Institute, New York University School of Law, June 2009, New York, NY. An Empirical Analysis of Post-Atkins Mental Retardation Claims in Capital Litigation, National Seminar on the Development and Presentation of Mitigating Evidence in Capital Cases, April 2009, Philadelphia, PA. The Death Penalty: What Will the Future Bring? Charleston Law School, March 2009, Charleston, SC. Potential Effects of the 2008 Presidential Election on the Composition and Direction of the Supreme Court, Cornell University Trustees Meeting, October 2008, Ithaca, NY. The Death Penalty in Delaware, Third Annual Conference on Empirical Legal Studies, September 2008, Ithaca, NY. Criminal Cases Pending Before the Supreme Court of the United States, Supreme Court Preview, William &Mary School of Law, September 2008, Williamsburg, VA. Supreme Court Practice, National Habeas Corpus Seminar, August 2008, St. Louis, MO. Post-Atkins Developments: Why Mental Retardation Claims in Capital Cases Win and Lose, National Habeas Corpus Seminar, August 2008, St. Louis, MO. How Jurors Process Mitigation Evidence in Capital Cases, National Seminar on the Development and Presentation of Mitigation Evidence in Capital Cases, April 2008, Baltimore, MD. Fetal Alcohol Syndrome: New Developments Relevant to Capital Cases, National Seminar on the Development and Presentation of Mitigation Evidence in Capital Cases, April 2008, Baltimore, MD. Persuasion in Criminal Appeals, New York Public Defender s Conference, October 2007, Rochester, NY. Supreme Court Update, National Habeas Corpus Seminar, August 2007, Nashville, TN. Race and Capital Litigation, National Seminar on the Development and Presentation of Mitigation Evidence in Capital Cases, April 2007, Washington, D.C.. -8-

9 Supreme Court Advocacy, NACDL Fall Meeting, November 2006, Boston, MA. A Quantitative and Qualitative Analysis of the Modern Death Penalty, Cornell School of Public Policy, September 2006, Ithaca, NY. Understanding AEDPA s 2254(d), National Habeas Corpus Seminar, August 2006, Pittsburgh, PA. Habeas Corpus for Trial Lawyers, Delaware Public Defender s Association, Wilmington, DE, April The Supreme Court Term, Cornell Alumni Meeting, Ithaca, June 2006, Ithaca New York Death Row Volunteers and Suicide, Annual Meeting of the American Academy of Psychiatry and the Law, October 2005, Montreal, Canada. Ten Years After AEDPA: Ten Unresolved Issues, National Habeas Corpus Seminar, August 2005, Pittsburgh, PA. An Overview of Empirical Studies Relevant to Capital Litigation, NAACP Legal Defense Fund s Annual Airlie Conference on Capital Punishment, July 2005, Warrenton, VA. NY. AEDPA: The Hype and the Bite, Cornell Law Review Symposium, April 2005, Ithaca, Expanding Atkins to the Mentally Ill, National Seminar on Mitigation Law and Practice, March 2005, Salt Lake City, Utah Criminal Procedure Panel, Supreme Court Preview, William & Mary School of Law, October, 2004, Williamsburg, VA. BAR ADMISSIONS South Carolina, Supreme Court of the United States, United States Court of Appeals for the Second Circuit, United States Court of Appeals for Fourth Circuit, United States Court of Appeals for the Fifth Circuit, United States Court of Appeals for the Ninth Circuit, United States Court of Appeals for the Eleventh Circuit, United States District Court for the Western District of New York, United States District Court for the District of South Carolina. MISCELLANEOUS Supreme Court Litigation: -9-

10 Argued the cause for the death sentenced inmate in Bobby v. Bies, 556 U.S. 825 (2009); Roper v. Weaver, 550 U.S. 698 (2007); Holmes v. South Carolina, 547 U.S. 319 (2006); Williams v. Taylor, 529 U.S. 420 (2000); Loving v. United States, 517 U.S. 748 (1996); Mu'Min v. Virginia, 500 U.S. 415 (1991); and Butler v. McKellar, 494 U.S. 407 (1990); Co-counsel for the habeas petitioner in Yarborough v. Alvarado, 541 U.S. 652 (2004); Duncan v. Walker, 533 U.S. 167 (2001); Artuz v.bennett, 531 U.S. 4 (2000); Strickler v. Greene, 527 U.S. 263 (1999); Buchanan v. Angelone, 522 U.S. 269 (1998); Gray v. Netherland, 518 U.S. 152 (1996); Burden v. Zant, 510 U.S.132 (1994); Yates v. Evatt, 500 U.S. 391 (1991); Burden v. Zant, 498 U.S. 433 (1991); Yates v. Aiken, 484 U.S. 211 (1988); and, Burger v. Kemp, 483 U.S. 776 (1987); amicus curiae counsel in numerous other Supreme Court cases. Other Litigation Experience: Extensive capital trial and appellate experience including arguing cases for indigent death sentenced inmates before the en banc Fourth Circuit, the en banc Fifth Circuit, the en banc Seventh Circuit, as well as numerous other panel arguments in the Second, Fourth, Fifth, Ninth and Eleventh Circuits, the United States Court of Appeals for the Armed Forces, and arguments in the Alabama Supreme Court, Florida Supreme Court, Georgia Supreme Court, New Mexico Supreme Court and the South Carolina Supreme Court. Development of and Presentations at Continuing Legal Education Programs: The Supreme Court Advocacy Institute Professor Anthony Amsterdam of NYU, Mark Olive and Denise Young of the Habeas Assistance and Training Counsel Project and I are currently in the process of developing this program designed for attorneys who represent indigent death sentenced inmates. The purpose of the program is to improve the quality of representation before the Supreme Court of the United States. The Persuasion Institute Professor Anthony Amsterdam of NYU, Mark Olive and Denise Young of the Habeas Assistance and Training Counsel Project and I developed this program, offered annually, which is designed to introduce counsel for indigent death sentenced inmates to narrative theory and technique. The Anthony G. Amsterdam/NITA Post-Conviction Skills Clinic Professor Anthony Amsterdam of NYU, Mark Olive and Denise Young of the Habeas Assistance and Training Project and representative of the National Institute for Trial Advocacy and I developed this program, offered annually, which is designed to improve the evidentiary hearing skills of counsel for indigent death sentenced inmates. The National Habeas Corpus Seminar Mark Olive and Denise Young of the Habeas Assistance and Training Project and I are responsible for planning this program, offered annually, to provide counsel for indigent death sentenced inmates with the latest developments in habeas corpus practice. -10-

11 Faculty member at various public defender, criminal law, death penalty and judicial continuing legal education seminars in Arizona, Alabama, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Missouri, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington and Washington, D.C. Consulting, Committees and Task Forces: Habeas Assistance and Training Project, April1996 to the present - in this capacity I serve as a consultant to the Defender Services Committee of the Judicial Conference of the United States and the Defender Services Division of the Administrative Office of the United States Courts in connection with matters related to capital habeas corpus representation. ABA Task Force on Mental Illness and Capital Punishment, 2004 to the present this committee consists of academics, mental health professionals and practicing attorneys. Our mission was to develop policies and procedures applicable in cases involving mentally ill death row inmates or mentally ill defendants facing capital charges. The task force has been working with the American Psychiatric Association, the American Psychological Association and the National Alliance for the Mentally Ill to formulate appropriate policies and procedures. Commentating: Commentator on various death-penalty topics and cases on numerous television and radio shows including: The Today Show, Dateline, Nightline, The Morning Show, Good Morning America, The Abrams Report, All Things Considered, various Court TV CNN News, C-NBC, and MSNBC programs. -11-