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DAY FOUR

Faulty death reviews by the numbers

Since 1982, the Georgia Supreme Court has issued 159 rulings that upheld death sentences by citing other sentences as comparable.

An analysis by the Atlanta Journal-Constitution found 129 of those rulings, or 80 percent, cited death sentences that had previously been overturned. Only 30 rulings did not cite already-reversed cases.

The newspaper found:

  • Almost 19 percent of the cases cited had already been overturned on appeal. Another 17 percent were overturned after the court cited them.
  • In 55 decisions, at least one-fourth of the sentences
  • cited had been overturned.
  • 23 sentences were cited in the reviews after the court itself had overturned them or noted another court's decision to do so.
  • 1 death sentence imposed against Jessie Pulliam but overturned in 1979, was cited 37 times after it was reversed.
Overall, the court mistakenly cited 76 death sentences that had been overturned. The most common reasons for the reversals:
  • 24 cases ineffective defense lawyers
  • 21 cases improper jury instructions by judge
  • 20 cases jury did not hear critical evidence
  • 5 cases jury heard evidence that should have been excluded
  • 10 cases improper jury selection or jury pool
  • 9 cases improper statements by prosecutor


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