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  1. #51
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    A federal judge has just granted Hubert Michael a stay of execution. #deathpenalty

    From the 3rd Circuit court's order:

    Because the District Court has not granted a stay of execution, we hereby grant the Appellant's
    motion for stay of execution filed with this court.

    While the failure to specify issues is not fatal to the appeal, the better course is to
    remand to the District Court for identification by the District Judge in the first instance of
    the issues that he determined satisfied the standard for granting a (certificate of appealability) ...

    Accordingly, the case is remanded to the District Court for such determination. The District Court is directed to designate, after briefing by the parties, within 14 days which issues meet the standard for a certificate of appealability.
    A uninformed opponent is a dangerous opponent.

  2. #52
    bem17356
    The Commonwealth will appeal to SCOTUS.

  3. #53
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    Hubert Michael had two appeals before the 3rd Circuit court today. The one in which the stay of execution was granted was the case in which he is attempting to reclaim his death-penalty appeal rights in order to challenge his murder conviction.

    The case in which a stay of execution was denied -- the order for which came down minutes before the one granting the stay -- was a case challenging Pennsylvania's death penalty protocol (specifically, the drugs it uses to put people to death).

    The same panel of judges made each ruling.

    Judges were Ambro, Hardiman and Nygaard.
    A uninformed opponent is a dangerous opponent.

  4. #54
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    The third circuit granted the stay, holding that Judge Jones, in middle district court, should have issued the stay when he granted Michael the certificate to appeal.

    The case is being remanded to Jones on a limited basis to have him identify what issues he found that supported granting the certificate.

    Jones has 14 days following the filing of briefs by both parties to respond to the third circuit.

    The third circuit then will set an expedited schedule for briefing.
    A uninformed opponent is a dangerous opponent.

  5. #55
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    Who was Trista Eng?

    Suzanne Eng, mother of murder victim Trista Elizabeth Eng, spoke at a rape victim vigil in 1998. Trista Eng had been 16 years old in July 1993 when she was kidnapped, raped and shot to death by Hubert Lester Michael Jr.

    "You go to bed at night and you say a prayer, 'Please come to me tonight in a dream,'" she said. "You're so afraid that the memory is going to fade, and there is nothing that you can do about it." "I don't have enough memories of Trista Elizabeth Eng, because she was only 16 years old when she was murdered."

    Trista Eng had her sights on being an architect, but if she would have become an assembly line worker or a waitress, that would have been fine, too.

    "I would have been equally as proud of her," her mother said.

    Suzanne has photos, some videotape and some precious belongings, like diaries, favorite clothes, art projects, and Trista's flute. They sit in a cedar chest that was supposed to be a symbol of hope for her daughter.

    After Trista Eng's 17th birthday came and went, her body was found in a corn field, six weeks after she was murdered.

    But Eng said evil can be battled, and she offered a challenge.

    "We can set a good example and we can stop the violence. We can turn off the television when a show or an ad is on that offends us. We can make sure that no one in our family can get the perverted junk off the Internet. We can stop paying money for movies peppered with violence and sexual scenes."

    By doing those things, she said, change will come slowly.

    http://www.ydr.com/local/ci_21942768...briefs-seeking
    A uninformed opponent is a dangerous opponent.

  6. #56
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    Pa. state lawyers ask U.S. Supreme Ct. to reverse appeals ct stay of Hubert Michael execution tonight at 7.
    A uninformed opponent is a dangerous opponent.

  7. #57
    bem17356
    Dollars to Donuts says SCOTUS declines to lift The Stay. Though they should. They won't.

  8. #58
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    From Twitter

    U.S. Supreme Court has received emergency appeal from state AG's office asking it to lift 3rd Circuit's stay of execution

    The state AG's office said it would let its appeal to the Supreme Court speak for itself

    John E. Wetzel v Hubert L. Michael
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  9. #59
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    Pa. inmate awaits word on stalled execution



    State corrections officials say condemned inmate Hubert Lester Michael Jr. has been "quiet, polite and composed" in what could his final hours.

    Corrections Department spokeswoman Sue McNaughton told reporters Thursday that Michael, who had been housed at Greene State Prison in southwestern Pennsylvania, arrived shortly after 6 a.m. at Rockview State Prison in Bellefonte, where executions are carried out.

    She says Michael ate a breakfast of French toast, orange juice and coffee, but so far has declined to pick a last meal.

    A federal appeals court has stayed the execution, originally set for 7 p.m. Thursday and the state attorney general has appealed to the U.S. Supreme Court.

    Michael is sentenced to die by lethal injection for the 1993 shooting death of 16-year-old Trista Elizabeth Eng in York County.

    http://hosted2.ap.org/RIPRJ/de0a5f8f...03f91b97be447d
    A uninformed opponent is a dangerous opponent.

  10. #60
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    Michael's execution warrant is good till midnight. If the Supreme Court lifts the stay it's going to be a late night!

    Michael's lawyers responded to the AG's appeal to the Supreme Court a few minutes ago.
    A uninformed opponent is a dangerous opponent.

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