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Thread: Georgia Capital Punishment News

  1. #111
    Senior Member Frequent Poster Steven AB's Avatar
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    Quote Originally Posted by Mike View Post
    Court allows execution-by-firing squad lawsuit to go forward
    This lawsuit is really not the problem in Georgia. The U.S. Supreme Court could overturn any stay issued on its basis on the grounds that it doesn’t have a likelihood of success on the merits, as they did on many other recent occasions, including for the 13 Trump federal executions.

    The real problem for Georgia is the contract issue. Will they ever meet the conditions it provides for resuming executions? If they don’t, they should search for a newly discovered ground of nullifying the agreement, possibly its unenforceability.

    It is never wrong for one to switch positions because the facts have changed, or simply because it is in one interest.

    That's what Justice Byron White did in 1991 when in Payne v. Tennessee he voted to allow victim impact statements in capital sentencing, even though he voted against just two years earlier in South Carolina v. Gathers. I vaguely remember a study showing that law students trying a mock case are more likely to convict when all other things being equal, it involves a proofless but emotional victim statement. Imagine the effect it can have on lay jurors deciding sentence.

    In any case, Georgia should begin an investigation on the state attorney who accepted this "contract" as possibly working for the other side, which could be a ground for nullity. That would not be surprising, as we can all observe how the culture of lie and deceit dominates among death penalty opponents, who often claim to be neutral on the matter or even for it.

    A similar investigation would be appropriate on the Texas court clerks apparently unable to draft or file execution warrants properly. Or on the Idaho officials claiming to be unable to acquire execution drugs despite the secrecy law recently passed by the legislature.
    Last edited by Steven AB; 03-09-2023 at 06:20 PM.
    "If ever there were a case for a referendum, this is one on which the people should be allowed to express their own views and not irresponsible votes in the House of Commons." — Winston Churchill, on the death penalty

    The self-styled "Death Penalty Information Center" is financed by the oligarchic European Union. — The Daily Signal

  2. #112
    Senior Member CnCP Legend Neil's Avatar
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    Is this state going to figure out what they’re going to do with that agreement? It’s going on 6 months since the state Supreme Court ruled against them. This backlog they have is going to get bigger if they don’t do anything about it. It was the attorney’s general fault to make a concession like that.

  3. #113
    Senior Member CnCP Addict one_two_bomb's Avatar
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    There's a chance they'll never execute again.

  4. #114
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    Quote Originally Posted by Mastro Titta View Post
    Georgia Supreme Court ruled in favor of Virgil Presnell and other death row prisoners on the COVID-related restrictions matter.

    https://www.gasupreme.us/wp-content/...2/s22a1099.pdf
    According to that order, the agreement only applies to inmates "whose petition for rehearing or rehearing en banc was denied by the Eleventh Circuit while the State of Georgia remained under judicial emergency order"(Page 6). So it is my understanding that the state of Georgia could pursue execution dates for Willie Pye and Lyndon Pace once their final appeals are denied.

  5. #115
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Frankly, I do not understand how not a single soul is questioning AG Carr over this fiasco. Not a single soul. He needs to explain, and find a way to solve the problem ASAP. Really, I've never seen such an incredible incompetence since I follow death penalty cases.

  6. #116
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Because no one cares enough. Georgia has flipped blue. They haven't even sentenced anyone to death in years, other than that guy who immediately unalived himself after getting to DR.

  7. #117
    Moderator Bobsicles's Avatar
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    There is no such thing as a blue state. Just red states with blue cities. Take out Atlanta and boom.
    Thank you for the adventure - Axol

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  8. #118
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Right but unfortunately cities don't vote, people do and the Atlanta metro area is the majority of the population.

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