Supreme Court to Review Death Penalty Cases

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Peggy Cooper Davis Oral History

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!BY NYPRO1 

7FROM PR NEWSWIRE=-NYC 212-832-S400/LA 213-626-5501/MIA 305-576-5020/ 

TO CITY DESK 

NEW YORK, PCT -- THE NAACP TODAY ANNOUNCED THAT AT 10 A.M. 

THIS MORNING, THE SUPREME COURT OF THE UNITED STATES AT THE 

REQUEST OF THE NAACP LEGAL DEFENSE AND EDUCATIONAL FUND AGREED TO 

REVIEW THE FIRST DEGREE MURDER CONVICTION AND DEATH SENTENCE OF 

JESSE THURMAN FOWLER, A BLACK DEFENDANT CONDEMNED TO DIE IN RALEIGH, 

N.C. ON SEPT. 27, 1973. THE NORTH CAROLINA SUPRE 

NARROW 4-3 VOTE, AFFIRMED HIS CONVICTION AND DEATH SENTENCE ON 

APRIL 10, 1974. 

JESSE FOWLER IS ONE OF 49 PERSONS ON DEATH ROW IN THAT STATE, 

MOST OF WHOM WERE CONDEMNED PURSUANT TO A JUDICIAL REINSTITUTION OF 

CAPITAL PUNISHMENT BY THE NORTH CAROLINA SUPREME IN JANUARY, 

1973 /ALSO BY A 4-3 VOTE/. THE STATE COURT THEN RULED THAT THE DEATH 

PENALTY IS “MANDATORY” FOR FOUR CRIMES -- FIRST DEGREE MURDER, RAPE, 

FIRST DEGREE BURGLARY AND ARSON. PRIOR TO THAT RULING THE DEATH 

PENALTY FOR THESE CRIMES WAS IMPOSED AT THE DISCRETION OF THE JURY. 

THE QUESTION THE UNITED STATES SUPREME COURT HAS AGREED TO REVIEW 

IS "WHETHER THE IMPOSITION AND CARRYING OUT OF THE SENTENCE OF DEATH 

FOR THE CRIME OF MURDER UNDER THE LAW OF NORTH CAROLINA VIOLATES THE 

STH AND THE 14TH AMENDMENTS OF THE CONSTITUTION OF THE UNITED 

STATES?" THE LEGAL DEFENSE FUND, ON BEHALF OF JESSE FOWLER, CLAIMS 

THAT THE IMPOSITEON.OF THE DEATH PENALTY VIOLATES HIS CONSTITUTIONAL 

RIGHT TO BE FREE OF CRUEL AND UNUSUAL PUNISHMENT AND HIS 

CONSTITUTIONAL RIGHT TO DUE PROCESS OF La. 

THE DEFENDANT “WAS CONVICTED AND SENTENCED TO DIE FOR THE 

OF JOHN GRIFFIN. DURING THE COURSE OF HIS TRIAL, THE NAACP SAID, 

JESSE FOWLER TE i?)
 

TIFIED AND PRESENTED WITNE S ON HIS OWN BEHALF, 

BUT THE JURY REJECTED HIS SELF-DEFENSE CLAIM AND CONVICTED HIM OF 

FIRST DEGREE MURDER. THE TRIAL COURT ALSO INSTRUCTED TH 

IT COULD, AS AN ALTERNATIVE, FIND HIM GUILTY OF SECOND DE 

OR MANSLALNGHTER. 

PEGGY DAVIS AND DAVID KENDALL, LEGAL DEFENSE FUND STAFF LAWYERS, 

SPECIALIZING IN CAPITAL PUNISHMENT CAS NOTED -- “THIS IS 

THE FIRST TIME A DEATH SENTENCE IS BEING CHALLENGED ON ITS MERITS 

IN THE U.S. SUPREME COURT SINCE THE FURMAN DECISION OF JUNE 29, 

1972. THE PRESENT CASE,” THEY ADDED, “APPEARS TO BE SIGNIFICANT 

BECAUSE IT RAISES ISSUES COMMON TO THOSE PRESENTED IN 149 CASES IN 

17 STATES -- AND, IN PARTICULAR, TO THE 49 NORTH CAROLINA CASES." 

IN THE FURMAN RULING, ARISING OUT OF THREE AL DEFENSE FUND 

CASES /COLLECTIVELY CALLED FURMAN V. GEORGIA/ THE HIGH COURT HELD 

THE DEATH PENALTY IS UNCONSTITUTIONAL WHEN THE SENTENCING AUTI Thy: 

IS FREE TO DECIDE BETWEEN DEATH AND SOME LESSER PENALTY. THE FURMAN 

DECISION, WHICH HELD THIS FORM OF DEATH PENALTY TO BE “CRUEL AND 

UNUSUAL PUNISHMENT,” SPARED THE LIVES OF 631 ON DEATH ROWS, NAACP 

SAID. 

IN THE INTERVENING 2-1/2 YEARS SINCE FURMAN, 29 STATES HAVE 

REINSTITUTED CAPITAL PUNISHMENT STATUTE ASSUMING THAT THE STATUTES 

COULD MEET CONSTITUTIONAL REQUIREMENTS BY IMPOSING STANDARDS tN, 

CONTROL JURY DISCRETION, OR BY MAKING THE DEATH PENALTY AUTOMATIS, 

UPON CONVICTION OF CERTAIN CRIMES. IN THE PRESENT CASE, THE DEAT! 

SENTENCE WAS REINSTITUTED JUDICIALLY BY A STATE SUPREME COURT. 

-0- 

/CONTACT =~ PEGGY DAVIS OR DAVID KENDALL OF NAACP LEGAL DEFENSE 

AND EDUCATIONAL FUND AT 212-586-8397/ 

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