Page 1 of 13 12311 ... LastLast
Results 1 to 10 of 124

Thread: Virgil Delano Presnell, Jr. - Georgia Death Row

  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Virgil Delano Presnell, Jr. - Georgia Death Row


    Lori Ann Smith




    Facts of the Crime:

    Was first sentenced to death in October 1976 in Cobb County. Five months earlier, on May 4, 1976, he had kidnapped two school girls. Mr. Presnell confessed to lying in wait for the ten- and eight-year-old girls. He raped and sodomized the older girl and, when eight-year-old Lori Ann Smith tried to run away, he drowned her in a stream.

    Presnell was re-sentenced to death in 1999.

  2. #2
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On June 1, 2007, Presnell filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...v01267/143758/

  3. #3
    Junior Member Stranger
    Join Date
    Dec 2015
    Posts
    4
    It looks like Virgil Delano Presnell is going to make 40 years on death row if he makes it to Oct. 19, 2016. That has to be a record for GA.

  4. #4
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    On September 28, 2017, Presnell filed an appeal before the U.S. Eleventh Circuit Court of Appeals over the presumable denial of his habeas petition in Federal District Court.

    https://dockets.justia.com/docket/ci.../ca11/17-14322

    This ancient case might finally be moving. Hopefully the appeals court doesn’t drag its feet.
    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

  5. #5
    Senior Member CnCP Addict one_two_bomb's Avatar
    Join Date
    Jan 2015
    Location
    Detroit MI
    Posts
    965
    I was juat going to ask what was the deal, why is it taking 10 years in district

  6. #6
    Senior Member Frequent Poster Shep3's Avatar
    Join Date
    Jun 2012
    Location
    Knoxville TN
    Posts
    448
    The district courts are honestly overworked and have case loads over a mile long. To few judges and too many cases, congress won't approve new nominees to fill empty seats let alone make new ones. This is the end result, main reason I support forbidding federal courts (except sctous)for reviewing state convictions.

  7. #7
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    I have felt for years that the federal courts aren't needed for death penalty cases. The Supreme Court is still involved, and would ensure uniformity in cases. Just without the undue burden of federal habeas review.

    Or create a Court of Appeals for Capital Cases.

    I really don't care which, as both would trim fat from odyssey cases such as Presnell.
    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

  8. #8
    Senior Member CnCP Addict one_two_bomb's Avatar
    Join Date
    Jan 2015
    Location
    Detroit MI
    Posts
    965
    I believe all convicted of crimes are entitled to both state and federal review. The solution would be to stop arguing over which murderer should be put to death and which should not. Overturn Furman, which put an end to mandatory death sentences, and abolish or heavily revise the 8th Amendment, so methods of execution cannot be challenged, and mentally ill/retarded claims cannot be filed. The appeals should only focus on whether or not the convicted received a fair trial.

  9. #9
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    Two judges appointed by President Trump have been confirmed this year and have already begun serving. Two more have made it out of committee and await confirmation by the full Senate, while one more judge remains to be nominated by the President. So, things are getting better.

    https://en.wikipedia.org/wiki/United...eventh_Circuit

  10. #10
    Senior Member CnCP Addict one_two_bomb's Avatar
    Join Date
    Jan 2015
    Location
    Detroit MI
    Posts
    965
    Trump can appoint all the judges he wants and it will do nothing to change the fact that the death penalty is being both sought less and imposed less, and all the judges he appoints are still bound to follow Furman and all the other rulings it spawned, such as Hurst and Atkins.

    Why do we put the death penalty on such a pedestal and treat it like something extraordinary, and not just another sentence? For example in Michigan, LWOP is mandatory for first degree murder. There is no sentencing phase, no aggravating and mitigating factors, no one is exempt from it if they are retarded, mentally ill, etc. There isn't really any debate about it either, because we don't want those people ever released, and we feel it is an appropriate response to murder.

    So, why can't we treat the death penalty the same way? Why have we made it into such a big deal? It should be just another sentence imposed by the courts, just a response to murder.

Page 1 of 13 12311 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •