[The following is an excerpt from the Washington Death Penalty Assistance Center's report:  "Washington's Death Penalty System: A Review of the Costs, Length, and Results in Capital Cases in Washington State."]

The majority of the death sentences imposed, however, has resulted in reversals. Nineteen (19) cases have resulted in either the conviction and/or the death sentence being reversed. The average length for these appeals was 6.8 years. Of these 18 reversals, nearly all have resulted in a sentence of life without the possibility of parole – the only other sentence option for an Aggravated Murder conviction.

Dwayne Bartholomew:  Mr. Bartholomew was arrested on August 5, 1981. On November 24, 1982 he was sentenced to death. After 11 months, the Washington Supreme Court reversed his sentence based on constitutional error. The Washington Supreme Court reversed because the Washington ’s death penalty statute did not “limit in any significant way the evidence that the prosecution may present at the sentencing phase of capital proceedings.”[1]

Kwan Fai “Willie” Mak: Mr. Mak was charged with aggravated murder and sentenced to death on October 6, 1983. In 1992, after 9 years on appeal, the Ninth Circuit Court of Appeals overturned the death sentence. The court reversed the death sentence because of ineffective assistance of counsel, trial court’s error in admitting specific mitigation evidence, and erroneous jury instruction.[2] Nearly 20 years after the initial trial ended, Mr. Mak was resentenced in May 2003 to life without the possibility of parole (LWOP).

Michael Furman: Mr. Furman, at the age of 17 years, was charged, convicted, and sentenced to death on March 6, 1990. The Washington Supreme Court – after 42 months on appellate review – overturned the death sentence concluding that, statutorily, Washington State does not permit the execution of a minor.[3] Mr. Furman was subsequently sentenced to LWOP. 

Benjamin Harris: After five months of trial, Mr. Harris was convicted and sentenced to death. Mr. Harris’ case was on appeal for 110 months before the Ninth Circuit Court of Appeals reversed the conviction (and thus the death sentence) because trial counsel provided ineffective assistance of counsel.[4] Mr. Harris was subsequently released from prison and is considered to be a wrongfully convicted individual.[5]

Sammie Luvene: On August 12, 1993 Mr. Luvene was convicted and sentenced to death. After 26 months on appeal, the Washington Supreme Court reversed the death sentence because of prosecutorial error in filing the death notice.[6] A decade after his arrest, in May 2002, Mr. Luvene was sentenced to LWOP.

David Rice: Mr. Rice was charged, convicted, and sentenced to death in July 1986. After eleven years on appeal, the Ninth Circuit Court of Appeals reversed Mr. Rice’s conviction and death sentence because he was not present during a crucial stage of the trial.[7] Subsequently, Mr. Rice entered a plea of guilty and was sentenced to LWOP.

Patrick Jeffries:  On November 18, 1983, Mr. Jeffries was convicted and sentenced to death for aggravated first-degree murder. After thirteen years on appeal, the Ninth Circuit Court of Appeals reversed his death sentence because of misconduct by the jury.[8] Mr. Jeffries was ultimately sentenced to LWOP on May 15, 1998 – nearly fifteen years after his conviction.

Mitchell Rupe: On June 7, 1982, Mr. Rupe was convicted and sentenced to death. After 12 years of appellate review, the Ninth Circuit Court of Appeals reversed his sentence because the trial court erroneously excluded relevant mitigation evidence at the penalty phase.[9]Nearly twenty years after his arrest, on March 10, 2000, Mr. Rupe was sentenced to LWOP.

Brian Lord: Mr. Lord was convicted and sentenced to death on August 18, 1987. In 1999, nearly 20 years after the verdict, the Ninth Circuit Court of Appeals overturned Mr. Lord’s conviction and death sentence because trial counsel rendered ineffective assistance.[10]. On April 29, 2003 – about sixteen years afterward – Mr. Lord was sentenced to LWOP.

Charles Finch: Mr. Finch was convicted and sentenced to death on June 21, 1995. Mr. Finch appealed. After 47 months on appeal, the Washington Supreme Court overturned his death sentence due to error of the trial court for keeping Mr. Finch shackled before the jury.[11] Mr. Finch was subsequently sentenced to LWOP, but committed suicide a month later in December 2000.

Henry Marshall: After nearly four years at the trial level, Mr. Marshall was convicted and sentenced to death on July 19, 2001. On appeal, the Washington Supreme Court reversed the conviction because of trial court error in the competency proceeding.[12] Mr. Marshall was sentenced to LWOP in 2002 - eight years after he was arrested.

Michael Roberts: Mr. Roberts was convicted and sentenced to death on June 13, 1997 - three years after he was arrested. On appeal - which lasted a little over three years - the Washington Supreme Court reversed the death sentence because of error in the jury instruction.[13] On September 10, 2002 Mr. Roberts was sentenced to LWOP.

Richard Clark: Mr. Clark was charged, convicted, and sentenced to death for aggravated murder in 1997. In 2001, the Washington Supreme Court reversed the death sentence because the trial court erroneously admitted prejudicial statements during the penalty phase.[14] Nearly seven years later, Mr. Clark’s case is still pending.

James Brett: In 1992, Mr. Brett was convicted and sentenced to death. Eight years later, in 2001, the Washington Supreme Court overturned the conviction and death sentence concluding that trial counsel provided ineffective assistance.[15] On March 12, 2003, nearly a decade after his initial trial, Mr. Brett was sentenced to LWOP.

Gary Benn: Mr. Benn was sentenced to death on June 6, 1990. On February 26, 2002, nearly 12 years later, the Ninth Circuit Court of Appeals reversed his conviction and sentence concluding that the State withheld exculpatory evidence from the defense.[16] The state did not re-file a death notice, and Mr. Benn was sentenced to LWOP.

Blake Pirtle: In July 1993, Mr. Pirtle was convicted and sentenced to death. After more than seven years on appeal, the Ninth Circuit Court of Appeals overturned his conviction and death sentence because of trial counsel’s failure to provide effective assistance.[17] A decade after initially being convicted and sentenced, Mr. Pirtle was re-sentenced to LWOP in July 2003.

Covell Thomas: Mr. Thomas was convicted and sentenced to death in February 2001. Three years later, the Washington Supreme Court reversed the aggravated murder conviction and death sentence because of erroneous jury instructions.[18] The State’s decision whether to re-file aggravated murder and a death notice are still pending.

Cecil Davis: A Pierce County jury sentenced Mr. Davis to death on February 23, 1998.  After 94 months on appeal, the Washington Supreme Court overturned his death sentence due to error of the trial court for keeping Mr. Davis shackled before the jury.[19]

Cal Brown: Mr. Brown was convicted and sentenced to death by a King County jury on January 28, 1994. On December 8, 2005, the Ninth Circuit Court of Appeals overturned his death sentence because of the trial court erroneously excluding a juror.[20]