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Thread: Gilmar Alexander Guevara - Texas

  1. #21
    Administrator Aaron's Avatar
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    Salvadoran man on Texas death row loses Supreme Court appeal

    HOUSTON - The U.S. Supreme Court has refused to review an appeal from a 48-year-old Salvadoran man on Texas death row for the slayings of two Houston store clerks during an attempted robbery more than 17 years ago.

    The high court had no comment in its decision Monday in the case of Gilmar Guevara.

    Attorneys for Guevara asked the justices to reverse lower courts' rulings rejecting arguments that he's mentally impaired and ineligible for the death penalty.

    Guevara was convicted and sentenced to death for the fatal shootings of 48-year-old Tae Youk and 21-year-old Gerardo Yaxon. Youk was from South Korea and Yaxon from Guatemala.

    Guevara, identified as the shooter, and two accomplices fled the scene in southwest Houston in June 2000 without any money.

    He does not yet have an execution date.

    http://www.statesman.com/news/local/...4C9TjsviFbgIJ/
    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

  2. #22
    Senior Member CnCP Legend FFM's Avatar
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    ARTICLE 11.071 APPLICATION FOR WRIT OF HABEAS CORPUS REMANDED TO TRIAL COURT WITH WRITTEN ORDER:

    http://search.txcourts.gov/SearchMed...e-412547fc9613

  3. #23
    Moderator Bobsicles's Avatar
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    The TCCA is considering commuting his death sentence because Kim Ogg is claiming he’s retarded

    https://twitter.com/keribla/status/1...871372801?s=21
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  4. #24
    Senior Member CnCP Legend Neil's Avatar
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    Can we just oust the TCCA and Ogg already these criminal activists are disgusting vile people.

  5. #25
    Moderator Bobsicles's Avatar
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    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

  6. #26
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    Article

    2nd Texas death row inmate declared intellectually disabled

    HOUSTON (AP) — For the second time in as many weeks, Texas’ highest criminal court on Wednesday commuted the death sentence of an inmate after agreeing with findings that he was ineligible to be executed because of an intellectual disability.

    The Texas Court of Criminal Appeals changed the death sentence that Gilmar Guevara had faced to life in prison.

    Guevara, 50, of El Salvador, was convicted and sentenced to death for the June 2000 fatal shootings of 48-year-old Tae Youk, of South Korea, and 21-year-old Gerardo Yaxon, of Guatemala, during the attempted robbery of a Houston convenience store.

    “My faith in the criminal justice system is strengthened by the Texas courts’ serious recent consideration of the claim that Mr. Guevara is intellectually disabled and thus ineligible for the death penalty under the U.S. Constitution," said Gretchen Sween, one of his attorneys.

    Guevara’s appellate attorneys have long argued jurors never heard about factors that led to their client’s intellectual disability, including being exposed to toxic chemicals in utero and enduring poverty, violence and malnutrition as a child.

    “Psychiatric experts from both sides agreed that he is intellectually disabled and therefore not eligible for the death penalty; his crimes were horrible and he deserves to spend the rest of his life in prison,” Harris County District Attorney Kim Ogg said in a statement.

    The ruling follows the appeals court's decision last week to resentence another Texas death row inmate, Juan Lizcano, to life in prison because he was also found to be intellectually disabled. Lizcano, 43, was convicted of capital murder in the November 2005 shooting death of 28-year-old Dallas Police Officer Brian Jackson.

    The Texas appeals court's decisions in the two cases follows a U.S. Supreme Court ruling in 2017 that eventually changed the way Texas determines whether a defendant is intellectually disabled and thus ineligible for execution.

    The Supreme Court in 2002 barred the execution of intellectually disabled people, but it has given states some discretion to decide how to determine such disabilities. However, justices have wrestled with how much discretion to allow.

    Texas looks at three main points to define intellectual disability: IQ scores, with 70 generally considered a threshold; inmates' ability to interact with others and care for themselves; and whether evidence of deficiencies in either of those areas occurred before age 18.

    In 2004, the Texas appeals court created additional factors, including whether an individual’s conduct showed leadership and whether a person could “hide facts or lie effectively.”

    In its ruling in the case of another former Texas death row inmate, Bobby James Moore, the high court said those factors have no grounding in prevailing medical practice and invite lay stereotypes to guide assessment of such disability.

    https://news.yahoo.com/2nd-texas-dea...220910467.html
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  7. #27
    Senior Member CnCP Legend Neil's Avatar
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    Anybody wanna take a guess if the justices will overturn Moore and Atikins now? Gorsuch did vote with Texas the second time I’m around if I’m correct.

  8. #28
    Administrator Aaron's Avatar
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    Kavanaugh sided with Moore the second time for a 6-3 ruling. Assuming that this next justice is confirmed, we'd still need Trump to fill Breyer's seat to even have a chance.
    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

  9. #29
    Senior Member CnCP Legend Neil's Avatar
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    Kavanaugh is the wishy one on capital punishment. He did however rule against McKinney and he did vote to allow Russell Bucklew’s execution to go through.

  10. #30
    Senior Member CnCP Legend Mike's Avatar
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    This is a never ending theme with their judicial picks.
    "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

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