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Thread: John Espiredion Valerio - Nevada

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    John Espiredion Valerio - Nevada




    Facts of the Crime:

    Convicted and sentenced to the death in the 1986 fatal stabbing of a prostitute, Karen Blackwell. She was stabbed 45 times.

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    Administrator Moh's Avatar
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    September 18, 2002

    Appeals court overturns death sentence

    By CARRI GEER THEVENOT
    THE LAS VEGAS REVIEW-JOURNAL

    The death sentence of a man who killed a Las Vegas prostitute in 1986 was overturned Tuesday by a federal appeals court in San Francisco.

    John Valerio was 22 when a Clark County jury sentenced him in 1988 for fatally stabbing Karen Sue Blackwell, 26.

    During the penalty phase of the trial, jurors were instructed to determine whether the murder involved "torture, depravity of mind, or mutilation of the victim."

    The jury concluded that this aggravating circumstance existed and, based in part on this conclusion, chose a sentence of death.

    According to Tuesday's ruling by the 9th U.S. Circuit Court of Appeals, the jury instruction that included the reference to "depravity of mind" was "clearly unconstitutional."

    The court ordered a new penalty hearing for Valerio but ruled that U.S. District Judge Howard McKibben first must decide other claims that could lead to a new trial.

    Assistant Federal Public Defender Michael Pescetta, who represents Valerio, said the ruling marks the third time the court has overturned the death sentence of a Nevada inmate because of the depravity instruction.

    He said the cases of 16 other inmates on Nevada's death row included similar instructions and could result in similar rulings.

    "Ultimately, the courts are going to have to sort this out on a case-by-case basis," the attorney said.

    Both the 9th Circuit and the Nevada Supreme Court have found that the phrase "depravity of mind" is unconstitutionally vague, Pescetta said, "because it means whatever anybody wants it to mean."

    He said the Nevada Legislature eliminated the depravity phrase from its listing of aggravating circumstances, which are circumstances that qualify a case for capital punishment, in 1995.

    Senior Deputy Attorney General Robert Wieland said officials in his office have not decided whether to appeal Tuesday's decision to the U.S. Supreme Court.

    Valerio is one of 85 inmates on Nevada's death row. He killed Blackwell in September 1986 by stabbing her 45 times.

    http://www.reviewjournal.com/lvrj_ho.../19658486.html

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    No. 02-1188 Status: DECIDED
    Title: E. K. McDaniel, Warden, et al., Petitioners
    v.
    John Espiredion Valerio
    Docketed: Lower Ct: United States Court of Appeals for the Ninth Circuit
    February 13, 2003 (98-99033)

    ~~Date~~~~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Dec 13 2002 Petition for writ of certiorari filed. (Response due March 15, 2003)
    Mar 17 2003 Brief of respondent John Espiredion Valerio in opposition filed.
    Mar 17 2003 Motion of respondent for leave to proceed in forma pauperis filed.
    Apr 2 2003 DISTRIBUTED for Conference of April 18, 2003
    Apr 21 2003 Motion of respondent for leave to proceed in forma pauperis GRANTED.
    Apr 21 2003 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/02-1188.htm

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    As of October 1, 2012, Valerio is listed as having had his sentence reversed.

    http://www.naacpldf.org/death-row-usa

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    Administrator Helen's Avatar
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    Valerio Sentenced to LWOP

    Jury does not impose death penalty for John Valerio in murder case that dates back to 1987. He gets life without parole.

    https://twitter.com/LasVegasCourts
    "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

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