Blog of Rights

Brian
Stull

Brian Stull is a senior staff attorney with the ACLU Capital Punishment Project. He has served as trial and appellate counsel in capital cases in North Carolina and Texas. Before joining the ACLU, Stull worked for five years at the Office of the Appellate Defender (OAD) in New York City, where he represented indigent criminal defendants convicted of serious felonies on direct appeal and in post-conviction and federal habeas corpus proceedings. Stull holds a B.A. and a M.S.W. from the University of Michigan and graduated cum laude from New York University School of Law.

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How Do I Explain to my Six Year-Old Son What Kind of a Society Plans to Execute an Intellectually Disabled Man? [UPDATED]

By Brian Stull, ACLU Capital Punishment Project at 12:09pm

Breaking Update, 2:30pm, February 14th: State doctors reversed an earlier finding and officially declared today that Warren Hill has mild mental retardation, placing Mr. Hill in the category of citizens protected from capital punishment by the 2002 United States Supreme Court decision Atkins v. Virginia. Mr. Hill's execution, scheduled for February 19th, must be stayed.

Update: Intellectually Disabled Georgia Man Faces Monday Execution if Supreme Court Does Not Step In

By Brian Stull, ACLU Capital Punishment Project at 11:47am

Georgia stands poised to execute Warren Hill on Monday even though a Georgia court affirmed yesterday that Hill has an IQ of only 70.

A Tale of Three States: Executing the Mentally Disabled

By Brian Stull, ACLU Capital Punishment Project at 3:54pm

Georgia: On Monday, the State of Georgia stands ready to strap Warren Hill to a gurney, place IV lines in his arms, and pump his body with poison until he dies.  Warren Hill has an IQ of 70, and is intellectually disabled (mentally retarded).  That was the finding of a Georgia trial judge who held a hearing and looked at the relevant evidence – applying United States Supreme Court precedent barring execution of the intellectually disabled under the Eighth Amendment to the U.S. Constitution, the court ruled that Hill could not be executed.

Velez Hearing Day 3: A Portrait of Constitutionally Inadequate Counsel

By Brian Stull, ACLU Capital Punishment Project at 2:47pm

In Day 3 of the Velez hearing in Brownsville, Texas, I want to take a moment to explain the legal context – the rule of constitutional law – that will entitle Manuel Velez to relief if the judge, the Hon. Elia Cornejo Lopez, credits the facts presented.

The legal journey starts 50 years back with the U.S. Supreme Court’s landmark ruling in Gideon v. WainwrightThere, the court held that the Constitution entitles poor people facing possible imprisonment counsel appointed at the state’s expense.  In later decisions, the court clarified that a poor person’s right to appointed counsel is a right to effective counsel.

Court Rejects Attempts to Devalue Life of the Accused in South Texas Capital Case

By Brian Stull, ACLU Capital Punishment Project at 11:58am

"A life in Cameron County [Texas] is worth just the same as a life in other parts of the United States."

This pointed sentence came in Judge Elia Corenjo Lopez's 63-page order this week, in which she recommended that former death-row prisoner and ACLU client Manuel Velez be given a whole new trial.

March Madness Takes on New Meaning When a Person's Skin Color is Cause For His Execution

By Brian Stull, ACLU Capital Punishment Project at 10:44am

Welcome to March Madness at the ACLU! We know you usually turn to other sources for this kind of coverage, but we've got something important to add. As you're filling out winning brackets, imagine this scenario: the tournament selection committee decides that squads who fly blue as a team color are three times more likely to be invited to the tournament than non-blue teams. Duke, Kansas, and Michigan are likely in, but say goodbye to most of these powerhouses: Louisville (red & black), Indiana (red & white), Miami (green & orange), and Michigan State (green & white).

Velez Hearing Wraps Up With Summations, Offers Lessons on Role of Counsel

By Brian Stull, ACLU Capital Punishment Project at 12:02pm

Yesterday was the final day of the hearing in Brownsville, Texas, for ACLU client and former death-row prisoner Manuel Velez.  Judge Elia Cornejo Lopez heard summations, requested the parties to prepare proposed findings for her consideration, and announced that a decision would come at a later date.

Velez Hearing Day 4: Plight of Victim’s Family Shows That Death Penalty is the Wrong Priority

By Brian Stull, ACLU Capital Punishment Project at 10:44am

Day 4 of the Manuel Velez innocence hearing on Friday in Brownsville, Texas...

Day 2 of Velez Hearing: State’s Witness Dismantles State’s Timeline Theory

By Brian Stull, ACLU Capital Punishment Project at 11:22am

We’re in day 2 of the Manuel Velez innocence hearing in Brownsville, Texas.  As we’ve previously explained, this case posed a dilemma because two adults were in a Brownsville home on Halloween 2005 when 11-month- old Angel Moreno was taken to the hospital unable to breathe. Both adults, Manuel Velez and Acela Moreno, the boy’s mother, pointed the finger at one another as the perpetrator.  But no witness, physical, forensic, or other evidence suggests Manuel ever hurt this or any other child.

Day 1 of Velez Innocence Hearing: A Family Comes to Court for Justice

By Brian Stull, ACLU Capital Punishment Project at 12:34pm

The façade of the U.S. Supreme Court bears the motto “equal justice under law.” But that ideal is not confined to our high court. People across this nation seek out the courts for equal justice

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