Bernard E. Harcourt Honored by New York City Bar Association: The Committee on Capital Punishment of the New York City Bar Association unanimously voted to award him the Norman Redlich Capital Defense Distinguished Service Award for his longtime advocacy on behalf of individuals on death row. Read more.
Bernard E. Harcourt challenges constitutionality of lethal injection in Alabama death penalty case
last updated: December 9, 2021
Bernard E. Harcourt, Isidor and Seville Sulzbacher Professor of Law, Professor of Political Science, and Director of the Columbia Center for Contemporary Critical Thought, has represented death row inmate Doyle Lee Hamm since 1990.
Hamm, who was convicted and sentenced to death in 1987 for the robbery-murder of a Cullman County motel clerk, Patrick Cunningham, challenged his capital sentence for more than 31 years. Since 2014, Hamm has been battling lymphatic cancer and carcinoma. Treatment for the illness has compromised Hamm’s veins–Harcourt argued that lethal injection would likely cause “cruel and needless pain.”
After signing a confidential settlement agreement, Harcourt jointly moved with the State of Alabama to dismiss Hamm’s civil rights lawsuit and federal habeas corpus petition in the Northern District of Alabama in Birmingham, as well as his state post-conviction Rule 32 petition in Cullman County, Alabama. This will end efforts at setting another execution date.
Hamm lost his battle to cancer on Sunday, November 28, 2021, and was laid to rest with his family in Cherokee, Alabama. You can read his obituary in the New York Times here.
Please note the Doyle Hamm Updates website is here. This story is being covered by several outlets:
- “Alabama inmate who survived execution bid buried with family,” Associated Press, December 4, 2021
- “Death Row Debacle,” Dothan Eagle, December 1, 2021
- “Doyle Lee Hamm, Who Survived a Bungled Execution, Dies in Prison at 64,” New York Times, November 29, 2021
- “Doyle Hamm, Alabama death row inmate who survived botched execution attempt, dies at 64,” Montgomery Advertiser, November 29, 2021
- “Alabama inmate who survived execution attempt dies of cancer,” Associated Press, November 29, 2021
- “Inmate Whose Execution Was Halted Because of Vein Issue Dies 4 Years Later From Cancer,” Newsweek, November 29, 2021
- “Death row inmate who survived a botched execution attempt dies of cancer,” CNN, November 29, 2021
- “Inmate whose execution was postponed due to a vein issue dies of cancer four years later,” Washington Newsday, November 29, 2021
- “Alabama inmate who survived botched execution dies of cancer,” New York Post, November 29, 2021
- “Murderer, 64, dies of cancer four years after surviving botched execution,” Independent, November 29, 2021
- “Alabama death row inmate who survived botched execution dies of natural causes,” AL.com, November 28, 2021
- “Order for Alabama to unveil lethal injection process may not reveal one execution secret”, AL.com, May 31, 2018
- “Court grants Advertiser’s effort to reveal Alabama execution protocol”, Montgomery Advertiser, May 31, 2018
- “The Near Death Experiences of America’s Executioners”, Playboy, May 15, 2018
- “Opinion: Some Reflections on Journalism”, The New York Times, March 30, 2018
- “Alabama man who survived botched execution will not face another”, NBC News, March 27, 2018
- “Alabama settles with inmate after botched execution attempt”, Reuters, March 27, 2018
- “Attorney: Alabama won’t try again after aborted execution”, San Francisco Chronicle, March 27, 2018
- “Alabama Won’t Seek Second Execution for Inmate Who Survived Botched Execution”, Slate, March 27, 2018
- “Lawyer: Alabama won’t try again to kill inmate who survived February execution attempt”, AL.com, March 27, 2018
- “Bernard Harcourt and the State of Alabama Settle Civil Rights and Habeas Corpus Lawsuits”, Columbia Law School, March 27, 2018
- “Can Alabama Try to Kill the Same Man Twice?”, Montgomery Advertiser, March 20, 2018
- “Why Is No One Demanding an Explanation for the Torture of Doyle Hamm?”, The Nation, March 13, 2018
- “The Barbarism of Alabama’s Botched Execution”, NYR Daily, March 13, 2018
- “Settlement ‘likely’ for Alabama death row inmate who survived execution attempt”, AL.com, March 13, 2018
- “Bruise-covered body of death row killer left after botched lethal injection left him begging to die”, Irish Mirror, March 9, 2018
- “Doyle Lee Hamm: Botched Execution Death Row Prisoner Sues Alabama, Asks for Vacated Sentence”, Newsweek, March 8, 2018
- “Death row inmate reveals the agony of his botched execution”, Metro, March 7, 2018
- “Alabama death row inmate sues after ‘botched’ execution”, Fox 10 News, March 7, 2018
- “Life and Limb”, Slate, March 6, 2018
- “Alabama Death Row inmate who survived execution date asks judge to halt future attempts”, AL.com, March 5, 2018
- “Doyle Lee Hamm wished for death during botched execution, report says”, NBC News, March 5, 2018
- “Attorney: Inmate endured ‘torture’ before execution halted”, Fox News, March 5, 2018
- “Doyle Lee Hamm punctured at least 11 times in execution attempt, report states”, Montgomery Advertiser, March 5, 2018
- “Another Failed Execution: The Torture of Doyle Lee Hamm”, The Intercept, March 3, 2018
- “The Cruel and Unusual Punishment of Doyle Lee Hamm”, The Nation, March 2, 2018
- “Alabama’s aborted execution was ‘botched and bloody,’ lawyer says”, CNN, Feb. 28, 2018
- “The Cruelty of Executing the Sick and Elderly”, The New Republic, Feb. 27, 2018
- “Death Penalty Madness in Alabama”, The New York Times, Feb. 27, 2018
- “Lawyer describes aborted execution attempt for Doyle Lee Hamm as ‘torture’ “, NBC News, Feb. 25, 2018
- “Alabama’s Botched Lethal Injection Amounts to “Torture,” Columbia Law Professor Argues”, Columbia Law School, Feb. 24, 2018
- “Execution aborted in Alabama after officials are unable to find usable vein of inmate dying of cancer”, New York Daily News, Feb. 24, 2018
- “Execution abandoned after death row prisoner ‘repeatedly jabbed’ by officials doing lethal injection”, The Independent, Feb. 24, 2018
- “Execution stay for cancer-hit Alabama inmate with damaged veins”, BBC News, Feb. 23, 2018
- “Alabama delays murderer’s execution indefinitely after legal challenge”, New York Daily News, Feb. 23, 2018
- “Dying on Death Row”, Vice News, Fe. 21, 2018
- “Alabama Likely to Botch The Execution of an Already Dying Man”, The Huffington Post, Feb. 21, 2018
- “Two groups seek clemency for Alabama inmate set to die Thursday”, AL.com, Feb. 21, 2018
- “In Unprecedented Development, Eleventh Circuit Injects Itself into State’s Execution Protocol and Orders State of Alabama to Provide Further Protections in Doyle Hamm Execution”, Columbia Law School, Feb. 21, 2018
- “Emergency Hearing Called for Bernard Harcourt’s Death-Row Client”, Columbia Law School, Feb. 15, 2018
- “Alabama Attorney General Files Emergency Appeal at Eleventh Circuit Challenging Judge Bowdre’s Stay Order”, Columbia Law School, Feb. 7, 2018
- “Judge issues 25-page opinion on stay of execution for Doyle Lee Hamm”, AL.com, Feb. 6, 2018
- “Alabama death row inmate granted stay of execution by federal judge”, AL.com, Feb. 1, 2018
- “Attorneys for Alabama AG’s Office, death row inmate argue in federal court”, AL.com, Jan. 31, 2018
- “Execution drug may have been named in court filings from Alabama AG’s Office”, AL.com, Jan. 18, 2018
- “Alabama and capital punishment 2017: From the execution chamber to legislature”, AL.com, Dec. 29, 2017
- “The Ghoulish Pursuit of Executing a Terminally Ill Inmate”, The New York Times, Dec. 20, 2017
- “The Decades-Long Defense of an Alabama Death-Row Prisoner Enters a Final Phase”, The New Yorker, Dec. 19, 2017
- “Students Play Vital Role in Death Row Case”, Columbia Law School, Dec. 18. 2017
- “Death row dilemma: Should killer inmate suffering terminal illness still be executed?”, news.com.au, Dec. 16, 2017
- “Should killer inmate suffering terminal illness still be executed?”, New Zealand Herald, Dec. 16, 2017
- “Execution date set for convicted killer in Alabama who is terminally ill”, AL.com, Dec. 14, 2017
- “Alabama Sets Execution Date for Death-Row Client of Bernard Harcourt”, Columbia Law School, Dec. 13, 2017
- “The Long Defense of the Alabama Death-Row Prisoner Doyle Lee Hamm”, The New Yorker, Sept. 13, 2016
- “In Alabama death penalty cases, judges’ opinions are routinely written by prosecutors”, The Washington Post, June 23, 2016
- “Hasty Death Penalty Review Raises Doubt in Alabama”, Bloomberg, June 22, 2016
- “The Death Penalty Case Where Prosecutors Wrote the Judge’s ‘Opinion’ “, The Marshall Project, June 19, 2016
- “Still No Justice for Doyle Hamm in Alabama”, Brennan Center for Justice at NYU School of Law, Aug. 5, 2015