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Thread: Mark Anthony Christeson - Missouri Execution - January 31, 2017

  1. #21
    Senior Member CnCP Legend FFM's Avatar
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    No. The claims were never heard in federal court because they missed the deadline to file their arguments. It means the USSC is gonna take a further look at it. If they decide to grant cert, then they will have arguments in this case at some point during the current term. If not, then the 'stay will terminate automatically', and Christeson will be assigned another death warrant, which will then be followed by the needle and his prescribed dosage of lethal death juice.

    This whole situation doesn't make sense to me, because AEDPA makes it very clear that there is a time limit to file a federal habeas petition, and his attorneys waited too long to file them, which of course occurred AFTER the deadline. And from the looks of it, they stayed it because his habeas lawyers were too lazy to file their briefs within ONE YEAR. It's pathetic. One year is far more than enough time to file a simple habeas corpus brief, and by staying this execution, the USSC has made it appear that being sluggish and lazy is okay for circumventing AEDPA deadlines. Ridiculous.

  2. #22
    So, the guy should be executed and lose an appeal simply because his lawyer was lazy? Seems a little bit harsh.

  3. #23
    Administrator Helen's Avatar
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    Thanks FFM..yes, it seems that you can pervert justice by being lazy....horrible!!
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #24
    Senior Member CnCP Legend FFM's Avatar
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    Quote Originally Posted by ryangillam View Post
    So, the guy should be executed and lose an appeal simply because his lawyer was lazy? Seems a little bit harsh.
    No. He should be executed because he viciously murdered a woman and her two kids with malicious intent.

    One year is far more than enough time to file a simple habeas petition. If you can't file it within that time period, then you're lazy, not incompetent. And if the inmate really wanted to, then he could've filed it himself within a year. But guess what? He didn't. In other words, this hints to me that not filing your briefs on time is the new way to avoid AEDPA and other clear guidelines.

    If I REALLY wanted to, I could educate myself about habeas law in much less than a year. Filing a brief, then, would be a cinch.
    Last edited by FFM; 10-29-2014 at 10:09 AM.

  5. #25
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    To be honest i think this is a good thing for you guys ( the pro's ). If he would be executed the narrative would be 'Man executed because of lazy lawyer' no matter how wrong or right that argument is, some people will feel it as injustice. Now when you get to kill him in 2 years ( on the merits his appeal has no chance ) the narrative will be 'See we do things the right way'.
    Last edited by Unsub; 10-29-2014 at 11:46 AM.
    Love your enemies...they hate it

  6. #26
    Senior Member CnCP Addict Richard86's Avatar
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    Quote Originally Posted by ryangillam View Post
    So, the guy should be executed and lose an appeal simply because his lawyer was lazy? Seems a little bit harsh.
    They missed the deadline in 2005, there has been 9 years for the courts to decide whether there was good reason for the delay and whether it was likely to be successful had it been filed, why issue a stay now?

    I think it is entirely fair that you should suffer a penalty for missing a deadline, as is the case in the rest of the world. What's to stop a lawyer preventing their client being executed by simply not filing any appeals against the sentence, then on the eve of execution filing an appeal in order to cause a stay? I've noticed that airy fairy humanities types don't tend to like the idea of deadlines. In my line of work if I miss a grant deadline then my grant application is rejected, period, it doesn't matter how good it is, it goes straight in the bin. I once worked in a path lab where if you missed a deadline someone could die.

    If the inmate wished to file an appeal and the lawyer missed the deadline through laziness then they are professionally incompetent and shouldn't be practicing law, if the inmate didn't instruct their lawyer to file the appeal until after the deadline then the courts should assume that the inmate has waived their right to appeal. However it happened, either the inmate's life should end or the attorney's legal career should end.

  7. #27
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    @MRBAM

    Quote Originally Posted by MRBAM View Post

    The application for stay of execution (...) is denied. The petition for a writ of certiorari is denied.
    Does that mean the execution can proceed and he will be executed now?

  8. #28
    Moderator MRBAM's Avatar
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    No. The stay was allowed for one reason, but denied for another. So there still is a stay for the first issue (the missing of the federal filing deadline).

    @ Richard "However it happened, either the inmate's life should end or the attorney's legal career should end. "

    I say BOTH should happen.

  9. #29
    Administrator Helen's Avatar
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    Why not just let this sort itself out, and in the mean time choose someone else from DR and schedule another x...there should be someone available that has run out of appeals.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #30
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    Thank you, MRBAM. We still hope that it will go through.

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