This list is based on information from the Death Penalty Information Center which includes individuals who were sentenced to death and had their sentenced overturned by acquittal or pardon.[1] The state listed is the state where the individual was convicted, the year listed is the year of release and the case listed is the case that overturned their conviction.
This list does not include
posthumous pardons for individuals executed before 1950
inmates who were given life sentences when their country, province or state abolished the death penalty
people who were threatened with death and never jailed, such as Salman Rushdie
people who were jailed by extralegal groups or courts, for example as often occurs in cases of sentences of stoning.
In 1972, the California Supreme Court declared in California v. Anderson64 Cal.2d 633, 414 P.2d 366 (Cal.1972) that the Death Penalty was unconstitutional in violation of what was then Article 1, Section 6 (now Article 1, Section 17) of the State Constitution, and that the decision was retroactively effective to all persons on Death Row in the State. Thus a number of infamous convicted murderers had their sentences commuted from death to life in prison. (Later that year, the U.S. Supreme Court in Furman v. Georgia408 U.S. 238 (1972) would also find the death penalty unconstitutional).
1973
1. David KeatonFlorida (Keaton v. State, 273 So.2d 385 (1973)). Convicted 1971.
1974
2. Samuel A. Poole North Carolina (State v. Poole, 203 S.E.2d 786 (N.C. 1974)). Convicted 1973.
1975
3. Wilbert LeeFlorida (Pitts v. State 247 So.2d 53 (Fla. 1971), overturned and released by pardon in 1975). Convicted 1963.
4. Freddie PittsFlorida (Pitts v. State 247 So.2d 53 (Fla. 1971), overturned and released by pardon in 1975). Convicted 1965.
5. James CreamerGeorgia (Emmett v. Ricketts, 397 F. Supp 1025 (N.D. Ga. 1975)). Convicted 1973.
6. Christopher Spicer North Carolina (State v. Spicer, 204 SE 2d 641 (1974)). Convicted 1973.
37. Randall Dale AdamsTexas (Ex Parte Adams, 768 S.W.2d 281 (Tex. Crim App. 1989). Convicted 1977.
38. Robert Cox
39. Timothy Hennis (In 2006, the US Military filed capital charges for the same crime after previously unavailable DNA evidence became available. Because he was on death row under state law, there is no double jeopardy.)
40. James Richardson
1990-1999
1990
41. Clarence BrandleyTexas (Ex Parte Brandley, 781 S.W.2d 886 (Tex. Crim App. 1989). Convicted 1981.
42. John C. Skelton
43. Dale Johnston
44. Jimmy Lee Mathers
1991
45. Gary Nelson
46. Bradley P. Scott
47. Charles Smith
1992
48. Jay C. Smith
1993
49. Kirk BloodsworthMaryland. Convicted 1984. Serving life in prison when exonerated as earlier death sentence was overturned.
50. Federico M. Macias
51. Walter McMillan
52. Gregory R. Wilhoit
53. James Robison(later pled guilty to conspiracy to commit murder, his target was a witness against him in his murder trial.)
106. Stanley Howard (Now serving 50 years for unrelated kidnapping and rape of two women and the rape of an elderly woman in her home.)
107. Rudolph Holton
108. Lemuel Prion
109. Wesley Quick
110. John Thompson
111. Timothy Howard
112. Gary Lamar James
113. Joseph Amrine
114. Nicholas YarrisPennsylvania (Pennsylvania v. Yarris, No 690-OF1982, Court of Common Pleas, Delaware County, September 3, 2003. Order vacating conviction). Convicted 1982.
Charles Manson, who led the notorious Manson family killing spree, was exonerated under the California Supreme Court decision of 1972.
Canada
Between 1879 and 1960, Canada commuted 438 death sentences.[2] One notorious case at the time was that of Angelina Napolitano, a pregnant, abused wife who became the first person in Canada to use the battered woman defence for murder after she axed her husband to death. Although she was initially sentenced to hang, the federal cabinet eventually commuted her sentence to life imprisonment.[3]
In all but exceptional cases, Canada will not extradite accused murderers unless the death sentence will not be imposed, or if imposed, not carried out. This diplomatic commutation arrangement stems from the 2001 case of United States v. Burns. Sebastian Burns.
^Dictionary of Canadian Biography Online: Angelina Napolitano. By Franca Iacovetta. University of Toronto/Université Laval, 2004. page accessed June 2008