search archive
Explore the Texas Digital Archive

Scope and Content of the Records

Scope and Content of the Execution Case Files

These are execution case files that the Office of the General Counsel of Texas Governor Rick Perry created to track the cases of death row inmates and document actions by the courts and the governor through appeals, requests for stays of execution, or clemency. Records are primarily in paper format, though executive briefing memos are in electronic format. The files consist of execution summaries by the governor’s general counsel and summaries by the Texas Board of Pardons and Paroles (BPP) (or by the Texas Department of Criminal Justice for the BPP); memos and correspondence; clemency petitions; affidavits; court documents (judgments, opinions, appeals, motions, orders, etc.); notes; records from the Texas Department of Criminal Justice inmate files, including medical or psychological summaries or reports, disciplinary reports, social histories, other internal reports about specific inmates, police reports, investigative reports of detectives, crime lab reports, fingerprint records, and occasionally, crime scene and/or autopsy photos; Texas Department of Public Safety criminal history records; clippings; case summaries from the South Western Reporter or similar court reports; citations from online legal sources and video tapes. Dates covered are 1970-2014, bulk 1992-2014.

These are execution case files that the Office of the General Counsel of Texas Governor Rick Perry created to track the cases of death row inmates and document actions by the courts and the governor through appeals, requests for stays of execution, or clemency. Records are primarily in paper format, though executive briefing memos are in electronic format. The files consist of execution summaries by the governor’s general counsel and summaries by the Texas Board of Pardons and Paroles (BPP) (or by the Texas Department of Criminal Justice for the BPP); memos and correspondence; clemency petitions; affidavits; court documents (judgments, opinions, appeals, motions, orders, etc.); notes; records from the Texas Department of Criminal Justice inmate files, including medical or psychological summaries or reports, disciplinary reports, social histories, other internal reports about specific inmates, police reports, investigative reports of detectives, crime lab reports, fingerprint records, and occasionally, crime scene and/or autopsy photos; Texas Department of Public Safety criminal history records; clippings; case summaries from the South Western Reporter or similar court reports; citations from online legal sources and video tapes. Dates covered are 1970-2014, bulk 1992-2014.

Execution case summaries prepared by the BPP or for the BPP by the Department of Criminal Justice are confidential by statute (Texas Government Code, Section 508.313) and there is no indication (such as signature sheets or notes) that the governor reviewed these. There is a difference between the execution summaries prepared by the governor’s general counsel and those done by or for the BPP. The summaries by the BPP contain more information about the crime, the criminal history, and the defendant’s prison record than do those prepared by the governor’s general counsel. Additionally, execution summaries prepared by TDCJ or BPP often contain attachments, including correspondence between the BPP and inmates or with victims and inmates families, correspondence or memoranda to the BPP from its legal counsel, recommendations from trial officials, medical and psychological reports, and criminal histories. The summaries and attachments are confidential. The BPP correspondence, TDCJ records, law enforcement reports, medical or psychological reports, and court records were generally sent over to the governor’s office as part of a review packet, though not often identified as part of the BPP’s execution summary. Regardless of whether they were part of the execution summary or part of a separate review packet from the BPP, these materials are confidential.

Affidavits, court records, and other materials were often included as exhibits or attachments to clemency petitions sent to governor by the inmate and/or his/her attorney. Most materials included as attachments to the clemency petition to the governor are open. If the clemency petition was sent directly to the BPP and then forwarded to the governor, it is confidential; if it was sent directly to the governor by the inmate or his attorney, it is open, though some of the attachments may be confidential. Clemency petitions are not present for all inmates; not all death row inmates submitted a petition.

Although the inmates were executed, some materials are still confidential including medical/psychological reports; any reports or documents produced by TDCJ, such as disciplinary reports on the inmates, social histories, etc.; most files gathered or created by the BPP for its review and most correspondence with the BPP; etc. See the Restrictions on Access statement for further information about confidential records.

The original electronic files are PDF files. Electronic records described in the finding aid that are part of the Texas Digital Archive are indicated as such in the inventory. Restrictions on access to the content of records are applicable to physical and electronic records.

Powered by Preservica
Texas State Library and Archives Commission | 1201 Brazos St., Austin TX 78701 | 512-463-5455 | ref@tsl.texas.gov | P.O. Box 12927, Austin TX 78711-2927