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Thread: Hubert Lester Michael, Jr. - Pennsylvania Death Row

  1. #41
    Senior Member Frequent Poster Fact's Avatar
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  2. #42
    Admiral CnCP Legend JT's Avatar
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    Nobody has been executed involuntarily in Pennsylvania since 1962. The Commonwealth's three post-Furman executions were all voluntary insofar as each of those prisoners decided to rescind his appeals and move promptly to execution.

    Even in this case, the execution could still be considered semi-voluntary. Michael freely (but stupidly) made the decision, apparently while deemed to be mentally competent, to forgo the appeals process, but has since resiled from that decision and now cannot restart his appeals. The law, however, is clear that this is not an option: if it was, death row inmates countrywide would be randomly dropping and then resuming their appeals with a view to defeating the ends of justice.

  3. #43
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    Hubert Michael Jr.'s bid for clemency denied; he asks higher court for stay of execution

    In a motion for a stay of execution filed Wednesday, attorneys for condemned killer Hubert L. Michael Jr. argued that the U.S. Third Circuit Court of Appeals "must" grant the stay in accordance with a 1983 U.S. Supreme Court case.

    Attorneys from the Federal Community Defender Office for the Eastern District of Pennsylvania, who are representing Michael, contend the Supreme Court case and the circuit court's own rules require a stay of execution. If the district court lets you appeal to the circuit court, they argue, case law and court rules state you must get a stay of execution while the court considers your appeal.

    Also Wednesday, the Pennsylvania Board of Pardons unanimously denied Michael's bid for clemency.

    Michael's attorneys can seek reconsideration from the pardons board by 9 a.m. Thursday. The board, if it grants the request, must do so by 10:30 a.m. The hearing would be at 3 p.m. Ron Travis, one of Michael's lawyers at the pardons board hearing, declined to say whether they would seek reconsideration of the board decision, The Associated Press reported.

    If the board recommends clemency to Gov. Tom Corbett, he would decide whether to grant it and reduce Michael's sentence to life in prison.

    Kearney said Michael could have taken responsibility for Eng's murder in his clemency application.

    "He has never shown any remorse, he has never taken any responsibility, he never admitted to raping her," Kearney said.

    "It's been 20 years. If the death penalty is to mean anything, it has to be carried out."

    http://www.ydr.com/local/ci_21942768...ce=most_viewed
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  4. #44
    Administrator Heidi's Avatar
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    Update 10:15 a.m. Thursday The Commonwealth filed a brief this morning in Third Circuit Court arguing against any stay of execution for Hubert Michael.

    Reported earlier

    York, PA - With tonight's scheduled execution looming, attorneys for death row inmate Hubert Lester Michael Jr. continue to seek a stay.

    In a motion for a stay of execution filed Wednesday, attorneys argued that the U.S. Third Circuit Court of Appeals "must" grant the stay in accordance with a 1983 U.S. Supreme Court case.
    An uninformed opponent is a dangerous opponent.

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  5. #45
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    Possible developments in Pa. death-penalty appeal

    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.
    An uninformed opponent is a dangerous opponent.

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  6. #46
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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.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #47
    Junior Member Stranger cokegirl's Avatar
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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

  8. #48
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    If he doesn't receive a stay...yes. 6 1/2 hours from now.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #49
    Administrator Heidi's Avatar
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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.

    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
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #50
    Administrator Heidi's Avatar
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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.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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