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

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    Virgil Delano Presnell, Jr. - Georgia Death Row




    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
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    On June 1, 2007, Presnell filed a habeas petition in Federal District Court.

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

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    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.

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    Administrator Aaron's Avatar
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    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.

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    Senior Member CnCP Addict one_two_bomb's Avatar
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    I was juat going to ask what was the deal, why is it taking 10 years in district

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    Senior Member Frequent Poster Shep3's Avatar
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    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.

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    Administrator Aaron's Avatar
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    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.
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    Senior Member CnCP Addict one_two_bomb's Avatar
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    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.

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    Administrator Moh's Avatar
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    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

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    Senior Member CnCP Addict one_two_bomb's Avatar
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    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.

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