Jesse Fowler Death Penalty Case (Annotated)
Press Release
April 21, 1975
Cite this item
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Press Releases, Volume 6. Jesse Fowler Death Penalty Case (Annotated), 1975. 21071f1a-bb92-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/2b039ead-17ec-485c-8667-b952e6ae53d3/jesse-fowler-death-penalty-case-annotated. Accessed November 23, 2025.
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“THES DEATH: cao ae ESSE THURMAM FOWLER Aves
DEFE PEWOA WESCONDEAYED“T O- “DIE. FOR FIRST:1 DEGREE. MURDER. IN~ oe :
Ls arcs! ON“SEPT.. T1973. THENOATH CARO Iy, supprNe caper
TEED ATS COMVECEEGNAND-DEATH “SEATED
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JESSE=FOWLER-IS- ONE OF Sa PERSONS ON DEATH ROW LESTE |
MOST OF ¥HOY WERE CONDEMNED PURSUANT TO a JUDICIAL RETNSTITUT ION. OF =
CAPITAL: PUNTSHYE NT BY-THE NORTH CAROLINA SUPREME COURT Bedataay, Sf tn G
175 atesoe ss 5 ase, THE fe
DEATH PENALTY I$ “MS NDATORY™ FOR
THE
CRIMES -- FIRST DE
R4 PE, FIRST DEGREE BURGLARY AND ARSON, RI0? TO THAT RULING, THE
DEATH PENALTY FoR’ THESE CRIMES WAS IMPOSED aT THE DISCRETION OF THE
SUESTION THE-UNITED STATES SUPREME COURT
"WHETHER THE IMPOSITION AND CARRYING OUT OF THE
OR THE CRIME OF MURDER UNDER THE Law OF woRTH c
STH C2 14TH AMENDMENT“OF THE CONSTITUTION oF
L PUNISHMENT ANO HIS CONSTITUTIONAL RIGHT
TO BUE, PROFESS OF Lay.
"TRE DEFENDANT WAS CONVICTED AND SENTENCED TC DIE FoR THE MURDER OF
Us RO TERTM. NOR TAR THE cOnr SE OF HIS TRIA
SS a
es
FEIN. DURING: TRE: cour se oF-urs: TRIAL,
ESENTED: WITNESSES O% HTS-CyW BEMALF, BUT
SELF DEFENSE CLAIM’ AND CONVICTED HIM OF FIRST DE
TRIAL COURT “ALSG INSTRUCTED THE JURY-THAT IT COULD, as ay
ALTERNATIVE, FIND HIM GUILTY OF SECOND DEGREE muyRDEA cA
PEGGY DAVIS asp-pavID KENDALL, LEGAL
SPECIALIZING IM CAPITAL PUNISHNSAT CASES, NOTED
FIRST TIME & DEATH -SENTEACE IS BEING CHALLENGED
THESUSS.. SUPREME COURT SINCE THE FURMAN DECISION OF suse 23519 7a-7
THE: PRESE SWTE CASE; HEY ADD, “APPEAR
TE RAISES “ESSUES=cOmMON-TO. THOSE PRESENTED See in 17
STATES: —— AND, “IW=PARTICULAR, TO THE 64 NORTH CAROLINA cases,”
TRETHE: FURMANRUETAG,. ARISING OUT OF THE LEGAL DEFENSE FUND cases—-
/COLEECTIVELY CALLED FURMAN V. GEORGIA/, THE HIGH COURT HELD THaT
THES DEATH PENALTY “IS°UNCONSTITUTIONAL WHEN THE SENTENCING AUTHORITY
1S FREE TO DECIDE BETWEEN DEATH AND SOME LESSER PENALTY.
DECISION, WHICH HELD THIS FORM OF DEATH PENALTY TO BE “cA
UNUSUAL PUNISHMENT,” SPARED THE LIVES 0
IN THE INTERVENING 2-1/2 YEARS, SINCE FURAN, 30 STATES Have
REINSTITUTED CAPITAL PUNISHMENT STATUTES, assur
COULD MEET CONSTITUTIONAL REQUIREYENTS BY IMPoSINe
CONTROL “JURY DISCRETION OR BY MAKING T
UPON CONVICTION OF CERTAIN CRIM
SENTENCE WAS REINSTITUTED JuDIcia
NOTE -- THE LEGAL DEFENS
CAGAMIZATION EVEN THOUGH IT
INITIALS ARE RETAINED IN ITS NAME. ORRECT DESIGNATION IS Naacp
INC., FREQUENTLY SHORTENED TO