Professor of Law, Emeritus, Washington and Lee University School of Law
David Bruck directed Washington and Lee's death penalty defense clinic, the Virginia Capital Case Clearinghouse, from 2004 to 2020. Prior to coming to W&L, Bruck practiced criminal law in South Carolina for 28 years, and specialized in the defense of capital cases at the trial, appellate and post-conviction stages. Over the course of his career, he has served as Richland County (Columbia, S.C.) Public Defender, as Chief Attorney of the South Carolina Office of Appellate Defense, and since 1992 as Federal Death Penalty Resource Counsel to the federal defender system nationwide.
Bruck has argued seven death penalty cases in the United States Supreme Court, including Skipper v. South Carolina, 476 U.S. 1 (1986), and Simmons v. South Carolina, 512 U.S. 154 (1994), and over 70 capital appeals in state and lower federal courts. He has represented capital defendants at trial in more than 20 cases, including State v. Susan Smith (1995), in which he and co-counsel Judy Clarke obtained a life sentence after their client was convicted of drowning her two small children.
Bruck has testified before U.S. Congressional committees on death penalty-related legislation on nine occasions, has presented CLE trainings and federal judicial workshops on capital litigation in more than thirty states and U.S. territories, and since 2005 has served as Chair of the National Consortium for Capital Defense Training. In 1996 the ABA Section of Litigation selected Bruck to receive the John Minor Wisdom Public Service & Professionalism Award, and in 2001 he received the Significant Contributions to Criminal Justice Award from the California Attorneys for Criminal Justice.
Retired Assistant United States Attorney
Steve Mellin is a recently retired federal prosecutor. He worked for the Department of Justice for over 30 years in offices all over the United States. His career focused on prosecuting violent criminals, including terrorism and death penalty homicide cases. While working in Alexandria, Virginia, Mr. Mellin was involved in the 9-11 terrorism investigations and prosecutions. While at Main Justice, he worked on numerous death penalty cases across the US, culminated his terrorism work with the successful prosecution of the Boston Marathon bomber.
Steve is a graduate of the University of Texas and George Mason University School of Law.
Partner, Ashcroft Law Firm
With more than 20 years government experience, Johnny Sutton has acquired expertise as a front-line trial prosecutor and a top policy advisor to a Governor and a President. Mr. Sutton runs the Austin office of the Ashcroft Law Firm which specializes in internal investigations, white-collar criminal defense and helping companies comply with federal law.
From November 2001 to April 2009, Sutton led one of the largest and busiest United States Attorney’s Offices in the nation. The Western District of Texas covers 93,000 square miles, 68 counties and 660 miles of U.S.-Mexico border. As U.S. Attorney, Mr. Sutton managed more than 300 employees, a $28 million annual budget and directed 43,000 federal prosecutions and thousands of civil cases. Under Mr. Sutton’s leadership, the office led the nation in drug convictions, was second in illegal alien prosecutions, won more than 105 public corruption convictions and sent nearly 400 violent criminal gang members to prison.
In 2003, then-United States Attorney General John Ashcroft appointed Mr. Sutton to the Attorney General’s Advisory Committee—a panel of 17 U.S. Attorneys that advise the General and help carry out the President’s national goals. Sutton served from 2003 until 2009 and was chairman for nearly two years.
After leading the Bush-Cheney Department of Justice Transition Team in 2000, Mr. Sutton was named Associate Deputy Attorney General. He held the position until becoming U.S. Attorney.
From 1995 to 2000, Mr. Sutton served as the Criminal Justice Policy Director for then-Governor George W. Bush. Mr. Sutton was the chief policy advisor to the Governor on all criminal justice issues.
From 1988 to 1995, Mr. Sutton was a prosecutor in the Harris County District Attorney’s Office (Houston, TX) where he tried more than 60 first chair felony jury trials and had only three acquittals. He also successfully tried 17 murder jury trials, including seven for capital murder.
Mr. Sutton attended the University of Texas at Austin on a baseball scholarship where he was a two year lettermen and the starting left fielder for the 1983 University of Texas National Championship baseball team. Mr. Sutton was voted the Most Valuable Player of the NCAA Central Regional Baseball Tournament in 1983. Mr. Sutton is fluent in Spanish and conversant in Portuguese.
Mr. Sutton has dedicated his career to defending the innocent and standing up for the rule of law.
Member, Ifrah Law
After 27 years as a prosecutor, James (“Jim”) Trusty brings to Ifrah Law extensive experience in complex, multi-district white collar litigation, especially in matters involving RICO, The Computer Fraud and Abuse Act, and The Money Laundering Control Act of 1986.
Jim has represented a wide variety of individuals and corporations in the white-collar space. He regularly represents professional athletes, both criminally and civilly, and during 2022 and 2023 he represented President Trump during pre-indictment litigation relating to the Mar-a-Lago and January 6 cases.
Prior to joining Ifrah Law, Jim had a long career in public service, most recently as Chief of the Organized Crime Section at the United States Department of Justice. For seven years, Jim was ultimately responsible for investigating and prosecuting regional, national, and international cases, supervising significant pleadings, and providing strategic and tactical guidance in investigations and multi-defendant trials. In addition to running the RICO Review Unit, which reviewed and approved all criminal RICO cases brought by federal prosecutors, he also was in charge of establishing and promoting policies focused on immigration reform, firearms trafficking, proposed Congressional testimony for DOJ officials, and internet gambling. Significant and sensitive matters on which he worked include the post-conviction review of the Alaska corruption case related to U.S. v. Theodore Stevens and the investigation into allegations of misconduct by a sitting U.S. Attorney and one of her subordinates.
Prior to his work at DOJ, Jim acted as Assistant U.S. Attorney in Greenbelt, Maryland, where he investigated and prosecuted a wide variety of white-collar and other criminal cases, including The Washington area Sniper investigation. He also prosecuted three death penalty cases and was a member of the Attorney General’s Capital Review Committee, responsible for assessing capital-eligible cases such as the Boston Marathon Bomber and the Charleston Church massacre.
In 2018, Jim was appointed by the Governor of Maryland to serve on The Task Force to Study Maryland’s Criminal Gang Statutes. The Task Force assessed the efficacy of existing state laws as they apply to gang-related criminal activity in the state and presented its findings and recommendations to the Governor.
Associate, Jones Day
Ryan Proctor is currently an associate at Jones Day in Washington, DC. He received his B.A. and M.A. in classics from Yale cum laude, graduated cum laude from Harvard Law School, and clerked for the Honorable Joan L. Larsen of the United States Court of Appeals for the Sixth Circuit. While in law school, he published the note Catholic Judges Have No Obligation to Recuse Themselves in Capital Cases, 42 Harv. J.L. & Pub. Pol'y 309 (2019).
Executive Director, Alliance For Consumers; President & CEO, American Juris Link
O.H. Skinner is the President & CEO of American Juris Link, a nonprofit dedicated to accelerating nonprofit litigation to advance freedom, liberty, and the rule of law. O.H. has a long track record in facilitating strategic nonprofit litigation in his role as the Executive Director at Alliance For Consumers as well as from his time serving Arizona Attorney General Mark Brnovich in senior positions, including as Arizona Solicitor General. O.H. is a graduate of the University of Pennsylvania and Harvard Law School. Prior to joining the Arizona Attorney General's Office, O.H. practiced at WilmerHale and Ropes & Gray in Boston, and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit. In 2023, O.H. was a Wasserstein Public Interest Fellow at Harvard Law School, where he counseled students as a Harvard-identified “outstanding public interest attorney.”
Executive Director, Alliance For Consumers; President & CEO, American Juris Link
O.H. Skinner is the President & CEO of American Juris Link, a nonprofit dedicated to accelerating nonprofit litigation to advance freedom, liberty, and the rule of law. O.H. has a long track record in facilitating strategic nonprofit litigation in his role as the Executive Director at Alliance For Consumers as well as from his time serving Arizona Attorney General Mark Brnovich in senior positions, including as Arizona Solicitor General. O.H. is a graduate of the University of Pennsylvania and Harvard Law School. Prior to joining the Arizona Attorney General's Office, O.H. practiced at WilmerHale and Ropes & Gray in Boston, and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit. In 2023, O.H. was a Wasserstein Public Interest Fellow at Harvard Law School, where he counseled students as a Harvard-identified “outstanding public interest attorney.”
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Henry J. Friendly Professor of Law, Harvard Law School
Carol Steiker is the Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program at Harvard Law School. She specializes in the broad field of criminal justice, where her work ranges from substantive criminal law to criminal procedure to institutional design, with a special focus on issues related to capital punishment. Recent publications address topics such as the relationship of criminal justice scholarship to law reform, the role of mercy in the institutions of criminal justice, and the likelihood of nationwide abolition of capital punishment. Her most recent book, Courting Death: The Supreme Court and Capital Punishment, co-authored with her brother Jordan Steiker of the University of Texas School of Law, was published by Harvard University Press in November, 2016.
Professor Steiker is a graduate of Harvard Law School, where she served as president of the Harvard Law Review, the second woman to hold that position in its then 99-year history. After clerking for Judge J. Skelly Wright of the D.C. Circuit Court of Appeals and Justice Thurgood Marshall of the U.S. Supreme Court, she worked as a staff attorney for the Public Defender Service for the District of Columbia, where she represented indigent defendants at all stages of the criminal process. In addition to her scholarly work, Professor Steiker has worked on pro bono litigation projects on behalf of indigent criminal defendants, including death penalty cases in the U.S. Supreme Court. She also has served as a consultant and expert witness on issues of criminal justice for non-profit organizations and has testified before Congress and state legislatures.
Prof. Sheley joined the College of Law in 2018. Before coming to OU she was an Assistant Professor at the University of Calgary Faculty of Law. She has also served as a Visiting Associate Professor at the George Washington University Law School and an Olin-Searle Fellow at Georgetown University Law Center. Prior to academia she practiced for several years in the litigation group of the Washington, D.C. offices of Gibson, Dunn & Crutcher LLP. While in practice she was commended by the Humane Society of the United States for her pro bono work in the prosecution of dog fighting sponsors. She is proud to have served on the Board of Directors of the Alberta Animal Rescue Crew Society.
Associate Professor of Law, Notre Dame Law School
Marah Stith McLeod joined Notre Dame Law School in 2016. She teaches criminal law and criminal procedure and studies legal and ethical problems in these areas. Her scholarship explores the distribution of decisional power in the criminal justice system and the theory and practice of criminal punishment, including the death penalty.
McLeod attended Yale Law School, where she was notes editor of the Yale Law Journal. She served as a law clerk to Judge Diarmuid O’Scannlain of the Ninth Circuit Court of Appeals and to Justice Clarence Thomas of the U.S. Supreme Court. She also served an Attorney-Adviser in the Office of Legal Counsel in the U.S. Department of Justice.
After her government work, McLeod joined Sidley Austin LLP in Chicago and became a civil litigator and pro bono counsel in death penalty cases. She taught legal writing at Columbia Law School prior to coming to Notre Dame.
McLeod studied political theory at Harvard University, after which she spent a year working with Mother Teresa’s sisters in a home for handicapped orphans in Kolkata, India. McLeod now has three beloved children of her own.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Emerging Issues in Federal Death Penalty Litigation
David Bruck, Steve Mellin, Johnny Sutton, James Trusty
Recent federal prosecutions have renewed attention on the administration and future of the federal death...
Catholic Judges and the Death Penalty
Ryan Proctor
Can Catholic judges, consistently with their faith, participate in death penalty cases? Faithful Catholics who...
McKinney v. Arizona - Post-Decision SCOTUScast
O.H. Skinner
On Tuesday, in a 5-4 decision in McKinney v. Arizona, the Supreme Court of the...
Courthouse Steps Decision Teleforum: McKinney v. Arizona - And the Future of Capital Sentencing
O.H. Skinner
On Tuesday, in a 5-4 decision in McKinney v. Arizona, the Supreme Court of the...
Courthouse Steps Oral Argument Teleforum: Mathena v. Malvo (D.C. Sniper Case)
Kent Scheidegger
Lee Boyd Malvo and John Allen Muhammad killed 10 people in 2002. The attacks took...
Courthouse Steps Decision Teleforum: Bucklew v. Precythe
Kent Scheidegger
Monday, April 1st, the Supreme Court ruled on the 8th amendment case Bucklew v. Precythe....
Capital Punishment After the 2016 Elections - Podcast
William G. Otis, Carol Steiker
In recent decades, there has been much study and debate in the criminal justice community...
Bosse v. Oklahoma - Post-Decision SCOTUScast
Erin Sheley
On October 11, 2016, the Supreme Court decided Bosse v. Oklahoma. In 1987, the U.S....
Lynch v. Arizona - Post-Decision SCOTUScast
Marah Stith McLeod
On May 31, 2016, the Supreme Court decided Lynch v. Arizona without oral argument. A...
Kansas v. Carr - Post-Decision SCOTUScast
Kent Scheidegger
On January 20, 2016, the Supreme Court decided three consolidated death penalty cases: Kansas v....