Itīs another smack in the face of the MVS.
Itīs another smack in the face of the MVS.
No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.
Are you interested in Justice or just killing men and women because it satisfies some warp in your clearly twisted mind?? First of all, if you knew any "law" or specifically Texas Law, you would know that the reason the US Supreme Court granted the Appeal was because the Rules in Texas prevent any appeal on anything because of a 30 day rule. The transcript in Trevino was not supplied by the state for 7 months. So Trevino was denied "due Process". (Look that one up) The US Supreme Court had already decided this matter in "Martinez". SO...this is not news. And yes, The State of Texas got its butt kicked and rightly so. Now, you will see a lot of cases appealed. The Trevino appeal was sent back to the lower Court by the US Supreme Court with an Order to hear the case. If you had read any of the Trevino V. Thaler appeals you should also know there is just cause for this Appeal in this case. Gosh, wouldn't it be terrible if "justice was served" instead of just having more executions without due process. Hey, I have an idea you would love...let's do away with all criminal trials. Let's let the police or DA decide if you are guilty and then just have no trials, no appeals and just execute everybody for all crimes including traffic tickets. Stupidity and ignorance does not make good law. I would suggest you perhaps read that silly document called the US Constitution and (if you can read those big words and amendments) maybe you will "get it". I thought this site was for intelligent comments. Clearly it is a lot of hate mongering! In closing, although I champion your right to free speech, you do not have the right to make untrue statements in any media, be it here or elsewhere.
It is not a "smack" in anybody's face. It is the law! It is called due process. ...understand??
Trevino's Case was remanded back to the district court by the Fifth Circuit on January 21, 2014.
http://www.gpo.gov/fdsys/pkg/USCOURT...10-70004-1.pdf
Heidi, I am offended. Firstly, I am not a "Troll". I believe in Justice and the law...to the letter for everyone. The US Supreme Court decision in Martinez paved the way for the Trevino decision. The State of Texas is free to decide on Capital Punishment issues. I agree, however, what the Supreme Court ruled on as you posted it... was simply that the statutes in the Great State of Texas prevented due process. This decision does not only affect DR cases. If a State decides that it wishes to adopt the Death Penalty then that is the right of that State (however states are getting out of the killing business). I find it interesting that anyone who believes in the Constitution might be considered a Troll...
To answer your question, The attorney DID ask for the transcript. It was delayed by the State for 7 months. SO no Petition could be filed within the prescribed 30 days. Then the lawyer quit.. citing illness. So a new attorney was appointed. Bottom line an Appeal can NEVER be filed within the required 30 days... because you need a "Record" and that takes, in this case 7 months. So, Supreme Court had previously ruled on same situation in Martinez. In this case Justice will be served. There will be an appeal. The only real difference is that now Texas cannot prevent an Appeal by withholding the Record. I did not say anyone will be successful on Appeal. My concern is for the "innocent" DR inmate. Texas has a history (the worst in the US) of putting innocent people on DR. See..number of releases of innocent prisoners. So what we want to avoid here is executing the innocent. I am not a Troll.. I belive in the rule of law..and the final say on the Rule of Law..is the US Supreme Court.
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
- Release inmates arenīt innocent in any case. Some received just new sentences.
- A total number of released inmates has no value. The correct context is the total number of death sentences.
- The number of released "innocent" inmates canīt be a proof for your point. It just shows that the system works. Finally itīs possible that f.e. Calis DR-system works less good as the texan one. So there maybe more "innocent" inmates on death row, but these cases are swept under the carpet to keep the acceptance of the death penalty.
Itīs sad that you canīt imagine that such a sentence hurts the MVS.
No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.
No, violent crime rates have dropped since the 80s (in part due to the lower returns and higher risk of robbing liquor stores and the like compared to modern criminal enterprises which are less likely to lead to murder), and states now have difficulty accessing drugs. When states start re-adopting electric chair, shooting and hanging, or adopting new methods like guillotines or nitrogen asphyxiation then execution rates will rise and reach a stable level roughly proportional to the number of death sentences.(however states are getting out of the killing business)
Aside the whole thing about most "innocent" DR inmates released from death row are not innocent, but rather were released due to legal technicalities, and the fact that releases of genuinely innocent people means the appeals process works, Texas does not lead the US in the metric you cite, that honour belongs to Florida.My concern is for the "innocent" DR inmate. Texas has a history (the worst in the US) of putting innocent people on DR. See..number of releases of innocent prisoners.
You Wrote "When states start re-adopting electric chair, shooting and hanging, or adopting new methods like guillotines or nitrogen asphyxiation" I am wondering..why not just poison inmates with clorox bleach or drano..Nitrogen..please you cannot be serious. I respect your right to be a pro death penalty advocate but let's use reason here. Would you herd people in groups into gas chambers and use Zyclon B..like the Nazi's did. Those are called crimes against humanity. You mention legal "technicalities". I am always amazed by folks who are not lawyers talking about Legal technicalities. Those "technicalities" you mention happen to be "the law". The very law you wish to protect. You should know that the Appellate Courts NEVER overturn a conviction lightly. That "technicality" you mention must PROVE innocence beyond a reasonable doubt. You are correct, Florida does have more innocent people released because of judicial misconduct and innocence Texas is right behind Florida. I would ask you this question," IF you KNEW beyond any possible doubt that someone was on DR for a crime they did not commit and you saw all of the proof yourself... would you want that person released and a search for the real offender begun or would you want them executed anyway?" My friend, please read your case law, no one gets off DR on a whim or "your concept" of a legal technicality. I posted on this site..to discuss..not to troll or simply argue the impossible.
Because bleach is expensive, and injecting them with it requires people trained to attach IVs, leading to obvious conflicts with medical ethics.
Do you even know what Nitrogen is or do you follow Food Babe who was hysterical that aircraft are filled with Nitrogen during flights? Nitrogen is a perfectly feasible execution method. Unlike Cyanide (the previously used lethal gas), Nitrogen provides no risk to persons surrounding the condemned as the atmosphere is made up for 70% of the stuff anyway, it's also utterly painless (if I wanted to off myself, I'd stick my head into a machine I work with which has a constant nitrogen purge and peacefully drift off to sleep, in fact, it's gives quite a high breathing the stuff from a dewer of liquid nitrogen anyway) it's also dirt cheap (less than $10 a cylinder in the US, and a cylinder would do about 10 prisoners). Also not being a controlled substance it runs no risk of supply problems. I'd keep the gurney, put a mask over their face and open the cylinder.
Indeed the holocaust was, but it is utterly irrelevant to nitrogen asphyxiation. Do you not know that Zyklon B was Cyanide and not Nitrogen? I've seen people confusing Zyklon B with Fluoride, but confusing Zyclon B with Nitrogen is a new one on me.
There is a world of difference between "I didn't do this crime" and "my conviction was overturned because of a legal technicality".
Ray Krone for example was able to demonstrate that not only did he not commit the crime he was sentenced to death for, but that a prosecution witness was the real culpret.
By contrast Delbert Tibbs managed to have his conviction overturned due to an anachronistic law which prevented juries considering testimony of rape victims unless it was confirmed by independent evidence, this law has since been revoked (and was at the time of his sentence being overturned), he only missed a retrial because the victim who could identify him had since slipped into heavy drug use and was no longer able to testify, no matter how credible the jury found her original testimony.
Krone was a miscarriage of justice, Tibbs was a lucky bastard who got away with murder.
As for not being a lawyer, correct, I am not a lawyer, however people who are lawyers have written exactly the same thing as I have.
I have put forward my belief that Debra Milke is innocent on this very forum, so yes I would. I wouldn't believe every single blog that does its best to ignore all contrary evidence though.
Last edited by Richard86; 02-16-2015 at 04:31 AM.
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