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| The reality is that the Supreme Court had the opportunity to stay Richard's execution and they declined.
IMO, these attacks have little to do with Richard's execution; rather, they are about the anti-death penalty crowd and the criminal defense attorneys settling old scores with Judge Keller. |
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| Posts: 586 | Location: Denton,TX | Registered: January 08, 2007 |  
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| quote: [...]before Richard's attorneys could file the 11th-hour appeal [...]
Well no. An 11th-hour appeal would be on time but just barely. To keep the analogy accurate he was requesting a 13th hour appeal. |
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| Not sure about #6 in that list: quote: But the deliberations came too late for Michael Richard, 48. Within hours of the Supreme Court's decision to consider the issue, it refused to stop the state of Texas from giving him a lethal injection for raping and killing a mother of seven in 1986.
This implies that the SCOTUS had the opportunity to stay the execution but did not choose to do so. http://afp.google.com/article/ALeqM5jntj0Eqb5PT2WJs_GS21iA5tj_vQ |
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| Setting aside the red herring presented by the anti-death penalty crowd, by what true application of law should the defendant have received relief?
The defendant was fairly convicted and sentenced to death. There is no longer any legitimate claim as to innocence or nondeath worthiness.
The defendant failed to preserve the issue of the method of execution by raising it in his own case (at trial, on direct appeal, on state habeas or on federal habeas). It seems he did not have a personal concern for the constitutionality of lethal injection.
The issue litigated in Kentucky resulted in a trial judge finding the method was constitutional, as shown by substantial evidence heard by that court.
The Kentucky Supreme Court found that the trial court did a fine job of following the legal standards required for such a finding and accorded the trial court's decision great deference.
The SCOTUS granted review of that decision under circumstances that suggest the SCOTUS will ultimately affirm Kentucky's decision.
The defendant, then, seeing that a Kentucky defendant followed the rules and properly litigated the issue, sought, at the last possible minute, to piggyback on that litigation in an attempt to merely delay his own execution.
The defendant never gave the CCA an opportunity to rule on his request for a stay. The SCOTUS, when given such an opportunity, declined to stay the defendant's execution.
By any reasonable standard, the defendant and his many lawyers are now trying to use his own failure to litigate as a basis for attacking a single judge in order to demonize a punishment he very much earned. |
| Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001 |  
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| I don't see where in the attached clap-trap P.J. Keller ordered the Clerk not to accept anything. She simply said the door closes at the normal time. There are procedures for after hours filing. I think someone is making up the facts as they go along. Where is the grievance against the lawyer who doesn't know the rules? |
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| Notice, too that the order on the stay says nothing about "and we can't grant one in this case because his lawyers did not timely file with the Court of Criminal Appeals." |
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| In a subsequent case, Scalia dissented from a denial of a request to vacate a stay, making this statement:
I vote to grant the State's application to vacate the stay because in my view the decision of the Eighth Circuit was based on the mistaken premise that our grant of certiorari in Baze v. Rees, ___ S. Ct. ___ (2007), calls for the stay of every execution in which an individual raises an Eighth Amendment challenge to the lethal injection protocol. The grant of certiorari in a single case does not alter the application of normal rules of procedure, including those related to timeliness. In this case, Jones's challenge to the lethal injection protocol, which was brought nine years after his conviction and sentence became final, was dilatory.
[Hey, RTC, do you want to sign a petition against Scalia? Isn't he saying and doing the exact same thing as Presiding Judge Keller?] |
| Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001 |  
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| [QUOTE]Originally posted by RTC: I doubt he could have got his paperwork in before that morning anyways simply because it was only that morning when the US S.Ct. had granted a stay in that KY case, so the issue was not available before then. So defense counsel had less than a day to get the paperwork together.
I know this thread has come to an end, but for Pete's sake, the 8th Amendment lethal injection claim did not suddenly come into existence on September 25! If inmates really don't like the method of execution, nothing, I repeat, NOTHING has ever stopped them from filing a subsequent writ any old time after their date is set, and possibly before then. Baze v. Rees will just tell us the standard for reviewing such claims, if and when they are made.
The lethal injection claim is now being used by TDS (and others) because it's a good way to stop an execution, not because it's a legitimate complaint about the way the inmate dies. Come on people.
Sorry for shouting. |
| Posts: 146 | Location: Dallas, Texas USA | Registered: November 02, 2001 |  
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