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  1. #51
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    Possible developments in Pa. death-penalty appeal

    Updated: 11/08/2012 11:09:57 AM EST

    Several developments are possible in the death-penalty appeal of 56-year-old Hubert L. Michael Jr., who is set to be executed Thursday.

    The Pennsylvania Supreme Court rejected a stay of execution, as federal judges in Harrisburg have done in two separate cases, but appeals of those rulings are pending in the 3rd U.S. Circuit Court of Appeals in Philadelphia.

    ———

    —The appeals court could reject both stays and Michael's lawyers could appeal to the U.S. Supreme Court.

    —The appeals court could grant one or both stays and the Department of Corrections could appeal to the U.S. Supreme Court.

    —The Supreme Court could order or revoke a stay.
    A uninformed opponent is a dangerous opponent.

  2. #52
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    Lawyers for condemned inmate drop clemency bid

    Shawn Nolan of the Federal Community Defender Office in Philadelphia said the lawyers wouldn't seek a second clemency hearing in the wake of the state Pardons Board's unanimous decision Wednesday to not recommend clemency.
    A uninformed opponent is a dangerous opponent.

  3. #53
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    is this guy getting executed at the same time as the other guy!?
    To Catch A Killer You Have To Think Like One

  4. #54
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    Quote Originally Posted by cokegirl View Post
    is this guy getting executed at the same time as the other guy!?
    If he doesn't receive a stay...yes. 6 1/2 hours from now.
    A uninformed opponent is a dangerous opponent.

  5. #55
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    As execution looms, family of murdered girl remember a vibrant, outgoing youngster with promise





    Her mom, her siblings and her friends are sadder and wiser now, weighed down by the cares of parenting, work or financial pressures, relationships.


    And then when they think of Trista Eng - which they do regularly - there seems to be a little bit of a release.

    Her mom, her siblings and her friends are sadder and wiser now, weighed down by the cares of parenting, work or financial pressures, relationships.

    And then when they think of Trista Eng - which they do regularly - there seems to be a little bit of a release.

    It's like they're kids again, hanging out with friends at a lake or pool, going roller-skating or maybe off to see the latest hit movie.

    Because Trista Eng will always be 16.

    That's how she was remembered at a hearing before the Board of Pardons this week where her convicted killer Hubert Lester Michael unsuccessfully sought a recommendation for clemency that could have halted his execution.

    She had survived her share of troubles in her short life, including reported childhood sexual abuse. And there were some instances where she had, temporarily, declared herself a runaway, always to return in fairly short order.

    But Trista seemed on a good path as a teen as she was approaching her 17th birthday.

    Her brother, Morgan, remembers her as having a good attitude towards life, with many friends, and always prone to stop whatever she was doing if she sensed someone else was in need to make sure that they were OK.

    She liked to draw, played the flute in her high school band and was happy to baby-sit or spend time with smaller kids.

    “She was always happy, always caring, always ready to help others,” Morgan Eng told the board.

    Somewhere along the way she had given herself the nickname “Trista the Great,” and that was the role she filled for her closest friends, who invariably remembered her as a sunny, sweet-dispositioned kid who liked music, being with people and doing things.

    Her summer job, as a waitress at the local Hardee's, seemed to be a perfect fit for the lively Trinity High School student.

    “As a friend, she always had your back,” wrote Jennifer Miller, one of Trista's best friends during that fateful summer of '93 that would be her last. “Trista was someone you could count on.”

    It's hard to know for certain, but her innate warmth toward others may have been what led to her meeting with Michael, whom police feel may have encountered Eng as she was walking to work and offered her a ride.

    “Trista was always very happy, with a smile on her face. She liked people a lot,” Lee Ann Carlson, a friend of the family's, told The Patriot-News shortly after Eng's body was identified. “She trusted them, maybe too much.”

    Her boyfriend at the time, Jason Brinkley, recalls falling in love 20 years ago “with a cute, short-haired Asian girl... who was a beautiful person inside and out.”

    Brinkley said he stepped back into this sad / sunny past for the hearing for one reason: “I'm here today to make sure that no one ever forgets her, or what a wonderful person the world has lost.”

    All of Trista's friends and survivors see this day as justice.

    They say it is an injustice that Michael has now lived as long on death row as Trista lived, period. And they are convinced that Michael's death, while never bringing Trista back, will at least give them some form of relief.

    As Eng's sister Kate put Wednesday, it's all well and good that Michael's lawyers say that he has adjusted well to prison life, but it's also a bit infuriating to the survivors of his victim.

    "Why does he keep getting away with it? Having more time?," she asked the Board of Pardons members, her voice racked with sobs. "He seemed to believe that Trista didn't need more time."

    "My family has not had any relief for nearly 20 years," Morgan Eng said. "We need closure."

    http://www.pennlive.com/midstate/ind...mily_of_m.html
    A uninformed opponent is a dangerous opponent.

  6. #56
    bem17356
    "Justice is the Handmaiden of the Law" or is it?! "The Law is the Handmaiden of Justice" Oh well! Works both ways!

  7. #57
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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.

  8. #58
    bem17356
    Quote Originally Posted by Heidi View Post
    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.
    The Commonwealth will appeal to SCOTUS.

  9. #59
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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.

  10. #60
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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.

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