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Petition of the day

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Petition of the day

By Maureen Johnston on Dec 17, 2014 at 10:10 pm

The petition of the day is:

14-292

Issue: (1) Whether the former Texas special issues for death penalty sentencing do provide – as the Texas Court of Criminal Appeals held – or do not provide – as the Fifth Circuit has held – an appropriate vehicle for the jury to consider and give full effect to mitigating evidence of good character, such that failure to provide a separate question violates the Eighth and Fourteenth Amendments under this Court’s jurisprudence in Penry v. Lynaugh and Penry v. Johnson; (2) whether a conviction aided by the prosecution’s failure to produce evidence that contradicted its theory and showed that the evidence it did rely upon and the resulting jury arguments were false violates the Due Process Clauses of the Fifth and Fourteenth Amendments under this Court’s Brady v. Maryland jurisprudence; and (3) whether executing a defendant who has already served more than 30 years on death row while exercising his legal rights in a non-abusive manner serves any penological purpose and amounts to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.Scissors-32x32.pnghttp://www.scotusblog.com/2014/12/petition-of-the-day-744/

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I knew it was only a matter of time before we'd see item #3 on one of these petitions. I don't know anything about the other two....

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I knew it was only a matter of time before we'd see item #3 on one of these petitions. I don't know anything about the other two....

what caught my eye was 30 yrs on "death row" and he's still alive, now the question whats wrong with this picture.

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Besides the obvious issues with a 30-year delay in justice, they're saying death on top of 30 years is "cruel and unusual!" That takes a lot of cheek: Drag out the execution with endless appeals, then declare it took too long to execute the prisoner.

 

It's like the Menendez brothers begging the court for mercy because they were orphans.

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I knew it was only a matter of time before we'd see item #3 on one of these petitions. I don't know anything about the other two....

 

I have a solution to the 30 year problem.

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