-3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

death, and 748 are currently on Death Row, having their death sentence evaluated by the courts or awaiting their execution.

2

The simplest explanation for the size of California’s Death Row is that in each year since 1978, more individuals have been sentenced to death than have been removed from Death Row.

See

Commission Report at 121 (showing historical growth in the size of California’s Death Row). As the size of California’s Death Ro w grows larger and larger, so too do the delay s associated with it. Of the 748 inmates current ly on California’s Death Row, more than 40 percent, including Mr. Jones, have been there longer than 19 years.

3

Nearly all of them are stil l litigating the merits o f their death sentence, eith er before the California Supreme Court o r the federal courts.

4

See

Appendix A.

5

2

See

Cal. Dep’t of Corr. & Rehab., Condemned Inmate List (July 2014),

available at

http://www.cdcr.c a.gov/capital_punis hment/docs/condemnedi nmatelistsecure .pdf. Despite having been granted relief by the federal courts, 10 of the 39 individuals are listed by the CDCR as being among the 748 inmates currently on Death Row.

See id

. In at le ast some of these cases, this may be explained by the State’s intention to again seek the death penalty against these inmates in a new trial.

3

See

Cal. Dep’t of Corr. & Rehab., Condemned Inmate Summary List at 2 (June 2014) [“CDCR Summary”],

available at

http://www.cdcr.ca.gov/Capital_Punishment/docs/ CondemnedInmateSummary.pdf.

4

Those sentenced to dea th in California procee d through a post-conviction re view process tha t begins with a manda tory automatic appeal to the California Suprem e Court. If that appeal is denied, an inmate may seek collateral review of the death sentence, again from the California Supreme Court. If state habeas relief is denied, an inmate may then purs ue collateral review of the death sentence from the federal courts . If relief is denied at each of these levels, then the inmate may be executed.

5

Between 1978 and 1997, 591 new death judgments w ere issued in California .

See

Cal. Dep’t of Justice, Criminal Justice Statistic s Center, Homicide in California, 2011 at tbl. 35,

available at

http://oag.ca.gov/s ites/all/files /agweb/pdfs/cjsc /publications/homicide /hm11/hm11.pdf. Appendix A describes the current ca se status of 511 individuals sentence d in that time period. It does not include individuals whose death sentences were overturned by the California Supreme Court, unless subsequently rein stated. Because most of the death sentences ove rturned by the California Supreme Court were overturned in the period between 1979 and 1986, inclusion of those sentences in Appendix A would not accurately reflect the current state of affairs in the California death penalty system.

See

Commission Report at 120 n.21 (noting that between 1979 and 1986, the California Supreme Court reversed 59 of 64 death judgments it reviewed, but that