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Supreme Court declines to overturn death sentences

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peterh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-24-04 11:40 AM
Original message
Supreme Court declines to overturn death sentences
http://www.dfw.com/mld/startelegram/news/state/9002575.htm?1c

WASHINGTON - The Supreme Court refused Thursday to overturn the death sentences of more than 100 inmates who argued their fates were improperly determined by judges, not jurors.

The 5-4 decision spares at least four states from having to decide whether to spend millions of dollars for new sentencing hearings or consent to prison sentences for the convicted killers.

It was issued on the two-year anniversary of the Supreme Court's ruling that the constitutional right to a trial by jury means that jurors should weigh factors that determine whether a particular killing merits death or life in prison.

Justices said in the follow-up decision that the 2002 ruling does not apply retroactively to inmates who have exhausted their regular criminal appeals.




Not a very good friggin’ day on the high bench….in fact the current session has kinda sucked….
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-24-04 11:47 AM
Response to Original message
1. This is a lot harder to justify
Justices said in the follow-up decision that the 2002 ruling does not apply retroactively to inmates who have exhausted their regular criminal appeals.

If sentences were given in an unconstitutional manner, it seems a violation of due process that some could continue to have those sentences simply because of an accident of timing.

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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-24-04 11:55 AM
Response to Reply #1
2. With this court???
Edited on Thu Jun-24-04 11:59 AM by TreasonousBastard
Remember Herrera-- innocence is no bar to execution.

There's a guy on the New York capital defense bar who's been going nuts over this and a few other wierd decisions. I'm waiting for him to get through digesting them and see what he has to say.

He didn't sound too happy.

on edit--

Some good news while it lasts.

New York's high court ruled the New York Death Penalty statute unconstitutional.



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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-24-04 11:59 AM
Response to Original message
3. Haven't most of them sucked with this Court?
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