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Thread: John Lezell Balentine - Texas Execution - February 8, 2023

  1. #101
    Moderator Bobsicles's Avatar
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    The Supreme Court stayed Keith Tharpe’s execution in 2017 because a juror apparently said something racist years after he was sentenced to death. That makes me unsure if this execution will go through.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  2. #102
    Administrator Aaron's Avatar
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    When Clarence Thomas dissented from granting relief to Tharpe and Duane Buck, I sat my White rear down and listened.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  3. #103
    Senior Member CnCP Legend Mike's Avatar
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    Yet another "Conservative" victory!

    Balentine execution date ‘recalled’ by Potter County District Court

    By David Gay
    My High Plains

    The execution of 54-year-old John Balentine, originally scheduled for February, has been recalled, according to documents filed Tuesday afternoon in Potter County District Court.

    This comes after the Texas Department of Criminal Justice (TDCJ) originally scheduled Balentine’s execution for Feb. 8, according to previous reports by MyHighPlains.com. Balentine was convicted of shooting three teens in Amarillo in January 1998.

    According to the “Order Recalling Execution Date and Warrant of Execution,” Steven Denney, the judge for the 320th District Court in Potter County, said that the warrant of execution, along with the execution date has been recalled because Balentine’s legal team was not properly notified of Balentine’s warrant of execution, along with his execution date, in accordance with the timeline laid out in the Texas Criminal Procedure Code.

    “…This court directs the State to reset the execution date as soon as practical with proper notice to ‘the attorney who represented the condemned person in the most recently concluded state of a state or federal postconviction proceeding…’,” the documents read.

    In a motion from Balentine’s legal team, filed in Potter Couty District Court on Jan. 19, the team alleged that the court’s order setting an execution date and its warrant of execution for Balentine violated two specific portions of the Texas Criminal Procedure Code: articles 43.15 and 43.16.

    According to the code, article 43.15 states that when a person is sentenced to death, “the clerk of the court in which the sentence is pronounced shall, not later than the 10th day after the court enters its order setting the date for execution, issue a warrant under the seal of the court for the execution of the sentence of death…” When that warrant is issued, it is required to be sent by the clerk to the attorney who represented the individual, in this case, Balentine, the attorney representing the state along with the Office of Capital and Forensic Writs (OCFW).

    Article 43.16 of the code states that a valid warrant of execution is valid if the sheriff will deliver the warrant to the Texas Department of Criminal Justice “immediately upon the receipt of such warrant.”

    “Because the clerk never sent the Warrant to Mr. Balentine’s counsel or OCFW, and because the sheriff did not immediately deliver it to TDCJ and return its receipt to the clerk of this Court,” the motion reads, “the Warrant has no legal significance or effect and cannot lawfully be used to carry out Mr. Balentine’s execution.”

    In an additional motion to withdraw Balentine’s execution date, filed on Jan. 25, Balentine’s legal team claimed that the TDCJ would not conduct his execution in accordance with state law, claiming that officials would use expired Pentobarbital. According to the National Library of Medicine, Pentobarbital is a drug some states use for capital punishment and is commonly used by veterinarians for euthanasia and anesthesia.

    During a hearing hosted in the District Court in Travis County earlier this month, the documents allege that TDCJ planned to use the expired drug in upcoming executions, which could cause “severe harm or unpredictable drug actions.” The motion states that the Travis County District Court allegedly concluded that by using this expired drug, TDCJ was violating the Texas Pharmacy Act, the Texas Controlled Substances Act, the Texas Food, Drug and Cosmetic Act and the Texas Penal Code.

    “When setting Mr. Balentine’s execution for February 8, 2022, this Court presumed that TDCJ was prepared and willing to perform Mr. Balentine’s execution in accordance with Texas law,” the motion read. “However, the factual findings and legal conclusions made by the District Court in Travis County demonstrate that TDCJ cannot or will not carry out Mr. Balentine’s execution in a lawful manner.”

    In the state’s response to Balentine’s motion, filed on Monday, they argue that Balentine’s legal team had a “hyper-technical construction” of the statutes found in the Texas Criminal Procedure Code, stating that the “grievance lies in the perceived lack of immediacy in the notice his attorneys received and in the Sheriff’s delivery of the warrant to TDCJ and receipt therefrom to the District Clerk.”

    “The ends of justice would not be serviced by the draconian construction of the letter of the statutory law Balentine advocates,” the response reads. “Statutes should be interpreted in a way that furthers their obvious aims… The families of Balentine’s victims have waited many years for the fulfillment of his sentence. Execution of that sentence should not be frustrated by Balentine’s eleventh-hour, dilatory pleading on unfounded grounds.”

    In a response to the state filed Tuesday morning, Balentine’s team stated that the interpretation is not “hyper-technical” and “draconian,” but are “simple statutes (that) use mandatory language for the production and delivery of a warrant of execution.”

    “If the statutes are not complied with, the warrant is defective,” the reply read.

    As of Tuesday, the state had not responded to Balentine’s legal team’s claims surrounding the drugs that TDCJ was planning on using for the execution. As of Tuesday afternoon, Balentine’s execution has not been rescheduled by the TDCJ, according to its website.

    https://www.myhighplains.com/news/lo...istrict-court/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #104
    Moderator Bobsicles's Avatar
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    I bet Neil will say Texas should abolish the death penalty over this.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  5. #105
    Senior Member CnCP Legend Neil's Avatar
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    I like how you can still can’t grasp how much the states death penalty has weakened since 2016. But in your eyes Bob this is still a strong death penalty state. Abolition there will happen sooner or later. It’s trending left Bob

  6. #106
    Moderator Bobsicles's Avatar
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    You can believe what you want Neil but it’s never gonna happen. Even after Uvalde Beto never stood a chance at being governor. It’s not happening. Even if Texas isn’t as strong as it used to be, that’s no reason to just outright abolish it and let the likes of Blaine Milam and Billy Tracy off scot free. Nonsense.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  7. #107
    Senior Member CnCP Legend Neil's Avatar
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    Never say never Bob but keep enjoying token executions in a state that’s shifted hard left since 2016. You enjoy executions that get rescheduled 20 times but I dont.

  8. #108
    Moderator Ryan's Avatar
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    @Neil, stop with the left wing liberalism nonsense. No one is interested!
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  9. #109
    Senior Member CnCP Legend Neil's Avatar
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    Correct me if I’m wrong Ryan but didn’t you also at one point say on a thread on this very site that Texas is also headed towards abolition. And now your telling me to stop with the left wing stuff?

  10. #110
    Administrator Aaron's Avatar
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    Texas asks Potter County District Court to reconsider decision to recall John Balentine’s execution date, warrant

    AMARILLO, Texas (KAMR/KCIT) — According to documents filed in Potter County District Court Wednesday, 47th District Attorney Randall Sims, the district attorney for Potter County as a representative of the state of Texas, is asking Steven Denney, the 320th district court judge for Potter County, to reconsider his order which recalled the execution date and warrant of execution for John Balentine.

    According to previous reports by MyHighPlains.com, Denny signed an order Tuesday afternoon recalling Balentine’s execution date and warrant of execution, stating that Balentine’s legal team was not properly notified of Balentine’s warrant of execution, along with his execution date, in accordance with the timeline laid out in the Texas Criminal Procedure Code.

    Balentine’s original execution date was scheduled for Feb. 8, coming after he was convicted of shooting three teens in Amarillo in January 1998, according to previous reports.

    The state of Texas’s “Motion to Reconsider Amended Order Recalling Execution Date and Warrant of Execution” argues that Denney “improperly conflated” the requirements outlined in the Criminal Code of Procedure. Officials previously said that Balentine’s team had a “hyper-technical” and “draconian” view of the statutes.

    “With its order recalling the execution date and warrant of execution,” the motion reads, “the Court went beyond Balentine’s pleading. Beyond that, the order flowed from a faulty premise.”

    The state stressed in its motion that the code requires that a copy of the court’s order setting the execution date should be sent to the legal team within two business days, something that was not at issue. They went on to refer back to their previous argument, stating their belief that statutes should be interpreted in a way that furthers their aims.

    “Balentine’s motion is legally unfounded,” the motion ends. “…The state prays that the Court rescind its January 31, 2023 Amended Order Recalling Execution Date and Warrant of Execution, and deny Balentine’s Motion to Recall Order Setting Execution Datea and Warrant of Execution.”

    https://www.myhighplains.com/news/lo...-date-warrant/
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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