home

Reargument Ordered in Death Penalty Case

By TChris, Section Death Penalty
Posted on Sat Mar 25, 2006 at 11:23:12 AM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

by TChris

Death penalty opponents have no reason to be heartened by the Supreme Court's announcement that it will rehear argument in Kansas v. Marsh so that Justice Alito can break a tie vote. The issue in Marsh is the facial validity of a statute that requires a jury to vote for death when the aggravating and mitigating factors are equally balanced.

< Awaiting Moussaoui's Testimony | Koufax Liberal Blog Award Voting Ends Sunday >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    Reargument Ordered in Death Penalty Case | 6 comments (6 topical)
    Re: Reargument Ordered in Death Penalty Case (none / 0) (#1)
    by Talkleft Visitor on Sat Mar 25, 2006 at 12:28:56 PM EST
    Didn't Alito side with a MO deathrow inmate in his first case as a SC Justice? Yep I remember because it was ignored here. Headline: Alito Sides With Mo. Inmate on Death-Row

    Re: Reargument Ordered in Death Penalty Case (none / 0) (#2)
    by Talkleft Visitor on Sat Mar 25, 2006 at 02:51:52 PM EST
    Didn't Alito side with a MO deathrow inmate in his first case as a SC Justice? Yep I remember because it was ignored here. Headline: Alito Sides With Mo. Inmate on Death-Row
    By putting this into perspective we see a different story emerge.
    An appeals court will now review Taylor's claim that lethal injection is cruel and unusual punishment, a claim also used by two Florida death-row inmates that won stays from the Supreme Court over the past week. The court has agreed to use one of the cases to clarify how inmates may bring last-minute challenges to the way they will be put to death.
    Big deal... Alito "sided" with a death row inmate for a temporary stay of execution so that an appeals court can decide whether or not lethal injection amounts to cruel and unusual punishment. Alito didn't vote to commute his death sentence.

    Re: Reargument Ordered in Death Penalty Case (none / 0) (#3)
    by Talkleft Visitor on Sun Mar 26, 2006 at 04:40:35 AM EST
    The interesting part is the sickenig feeling that most of us here have is, Deep down we know he's already made up his mind .

    Re: Reargument Ordered in Death Penalty Case (none / 0) (#4)
    by Edger on Sun Mar 26, 2006 at 06:50:52 AM EST
    In his 15-year career on the U.S. Court of Appeals for the Third Circuit, Judge Samuel Alito has participated in 10 capital cases. Five were decided unanimously by hree-judge panels. The other five provoked strong disagreement between Judge Alito and his colleagues. In each of the five contested cases, Judge Alito ruled against the inmate. His opinions, which we examine in detail, show a disturbing tendency to tolerate serious errors in capital proceedings. ... it is precisely in the most contentious cases that Judge Alito has shown an unbroken pattern of diluting norms of basic fairness. ... Individually and especially as a whole, these opinions show a troubling tendency to tolerate serious errors in capital proceedings and to indulge mechanical rationalization with the effect of diluting due process of law.
    Judge Alito and the Death Penalty (.PDF) American Constitution Society for Law and Policy December 2005

    Re: Reargument Ordered in Death Penalty Case (none / 0) (#5)
    by Edger on Sun Mar 26, 2006 at 07:07:46 AM EST
    I think Alito should be given a new title; one more more reflective of his judicial record. Pre-Judge Alito?

    Re: Reargument Ordered in Death Penalty Case (none / 0) (#6)
    by HK on Mon Mar 27, 2006 at 09:50:37 AM EST
    How on Earth can it be confirmed that the aggravating and mitigating factors are equally balanced? Is there some kind of points system?! Sadly, capital case law is riddled with such nonsense.

    Reargument Ordered in Death Penalty Case | 6 comments (6 topical)