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Once again the Governor of California faces an unusual individual seeking clemency. Should the fact that a person is geriatric, legally blind, and in a wheelchair make a more compelling case than Tookie's?
See
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/14/MNGNKG7Q0T1.DTL
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
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Of course, he got old and blind from the 25+ years on death row. A few years ago, the SC was asked to declare the death penalty cruel and unusual when imposed after years of delay.

As the SC noted, the delay was largely the result of litigation by the killer, so why should he benefit? This case strikes me as the same sort of argument. Sort of along the lines of the guy who kills his parents and argues the State shouldn't execute an orphan.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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That is exactly right. Why should someone be permitted to benefit from the consequences of the delay that they perpetuated? Estoppel should shut down the claim.
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
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Regarding the Issues in Prosecution on the homepage -- under Nineteen Convicted Killers Put to Death...

Here's the breakdown (normally a banjo term, but today, not): There have been 355 executions in Texas since reinstatement of the d.p.

Of those 355 executions, 180 of the recipients of the maximum punishment were white; 121 were African American; 52 were Hispanic and 2 were Oriental.

In 2005, Texas executed 11 whites, 5 African Americans and 3 Hispanics.
 
Posts: 751 | Location: Huntsville, Tx | Registered: January 31, 2001Reply With QuoteReport This Post
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"....Allen's lawyers say his incarceration and treatment of his illness amount to cruel and unusual punishment."

Soooo... It's the being in jail that is cruel - Not the DP? Fine with me.
And don't you know that the next oldest person on the row is holding his breath hoping that that argument works? He would be the next one up to make that same argument and so on and so on.
 
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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You gotta admit it takes a lot of chutzpah (I was going to use a male anatomical term, but stopped myself just in time.) to claim it is cruel and unusual to execute a blind paraplegic when the condition arose because of the delays in his appeals process. Kinda like blaming the assault victim for the busted knuckles.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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