Olentzera, maybe I’m mixed up, but it was my understanding that there wasn’t much that Bush can actually do. The ten day clock is still ticking for Graham so maybe it was the other case Rivera was referring to - sorry for the confusion.
Like you, I am glad that the Columbia Univ study and the Chicago newspaper article on Texas are receiving the attention that they deserve. My OP was more of a methodological question to help me understand what was actually being said. The more I read, the more I feel that
we aren’t prepared legally, administratively, morally to official sentence people to death.
Let’s hope that more public officials like Gov Ryan have the
gumption to call for a moratorium.
Bush uses the Texas Parole Board (or whatever institution it is) as a shield to abdicate personal responsibility for executions in his state. He’s got as much power to stop any executions there as Glendening in Maryland or Ryan in Illinois.
IIRC, and I wish to God I had the source for this one in front of me, Bush is directly involved in the appointment of the staff that reviews clemency appeals. He’s in all the way up to his elbows in this one.
As to your question b), I think if it weren’t true that capital cases got an automatic appeal, it would raise the even more important question “Who determines what cases are appealable?”. Just because there are cases that have been granted appeals doesn’t imply that all cases deserving appeals have been granted one.
There are capital cases that have lost on appeal for the same reasons the sentence was handed down in the first place - evidence withheld or ruled inadmissible due to the expiry of the statute of limitations, incompetent defense, etc. If appeals were granted only on merit I believe it would create an even greater potential for innocent men and women to fall through the cracks.
I am glad, however, to see that you’re exercising critical thinking to clarify your opposition to the death penalty.
