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Thread: Richard Delmer Boyer - California Death Row

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    Richard Delmer Boyer - California Death Row




    Summary of Offense:

    Richard Delmer Boyer was convicted in the December 7, 1982 killing and robbing of an elderly Fullerton couple, Aileen Harbitz, 68, and Francis Harbitz, 67, who had befriended him.

    Boyer was sentenced to death in Orange County on October 23, 1992.

  2. #2
    Administrator Moh's Avatar
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    On November 29, 2006, Boyer filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cal...v07584/378879/

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    On May 22, 2013, Boyer's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...584/378879/79/

    On June 14, 2013, Boyer filed an appeal before the US Court of Appeals for the Ninth Circuit.

    http://dockets.justia.com/docket/cir.../ca9/13-99006/

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    Administrator Moh's Avatar
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    On May 14, 2015, oral argument will be heard in Boyer's appeal before the US Court of Appeals for the Ninth Circuit.

    http://www.ca9.uscourts.gov/calendar...1-15&year=2015

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    On July 16, 2015, the Ninth Circuit DENIED Boyer's appeal.

    http://cdn.ca9.uscourts.gov/datastor...6/13-99006.pdf

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    On October 26, 2015, the Ninth Circuit DENIED Boyer's petition for en banc rehearing.

    http://www.supremecourt.gov/Search.a...es\15-8119.htm

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    Supreme Court rejects death penalty case

    By Lydia Wheeler
    The Hill

    The Supreme Court on Monday denied review of a case challenging the constitutionality of long-delayed death sentences.

    The case centered on Richard Boyer, who was sentenced to death in California 32 years ago. Boyer had asked the court to weigh whether the delay in carrying out his sentence violated the Eight Amendment’s protections against cruel and unusual punishment.

    In dissenting from the court’s majority decision to reject the case, Justice Stephen Breyer said the delays in Boyer’s sentence were the result of a system that the California Commission on the Fair Administration of Justice had called “dysfunctional.”

    The commission released a report eight years ago, Breyer said, which found that more than 10 percent of the capital sentences issued in California since 1978 had been reversed. Many prisoners had died of natural causes before their sentences were carried out and more California death row inmates had committed suicide than had been executed by the state.

    “Put simply, California’s costly ‘administration of the death penalty’ likely embodies three fundamental defects about which I have previously written: ‘(1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose.’” Breyer wrote in the order Monday. “For these reasons, I respectfully dissent from the denial of certiorari.”

    http://thehill.com/regulation/court-...h-penalty-case

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