The leading cause for reversal in these cases was incompetent counsel. No such risk faced McVeigh, for whom taxpayers supplied a raft of legal talent. But the second-leading cause was the failure by the prosecuting team to disclose evidence to the defense team. That's exactly what happened in the McVeigh case. Concern about errors is causing many states to re-examine the death penalty.
Executions are on pace to fall for the third year in a row.
Traditionally active states such as California are seeing fewer capital convictions. And after a close legislative debate, Texas, the nation's leading executioner, is considering a referendum on whether to enact a moratorium. Wyoming recently adopted a sentence of life without parole as an option to death. That's only prudent. If McVeigh can't be cleanly convicted and condemned with all of the resources of the federal government, it's certain that the states are also making errors and that not all of them are being discovered.