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Thread: Lezmond Charles Mitchell - Federal Execution - August 26, 2020

  1. #61
    Senior Member Frequent Poster Shep3's Avatar
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    If the defense lawyers can exploit loopholes in perfectly fine with the prosecution doing the same all is fair in love, war, and litigation.also Scotland functions more like a state govt and I’m fine with state or county govt it’s specifically restricting tribal govts laws and rights based only on ethic background which I oppose. As for the European nations Italy and Spain are the only ones with anything remotely like the tribal govts but they still function more like state govts and anyone living there not of the same ethnicity still has the right to be involved in the political process

  2. #62
    Senior Member CnCP Legend Neil's Avatar
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    All in all Trump will let this go through he’s regained a lot of momentum in Arizona. Furthermore, the media never mentions the DP much anymore. He’s not caving on this and that in itself is a good thing.

  3. #63
    Senior Member Frequent Poster schmutz's Avatar
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    Quote Originally Posted by Aaron View Post
    I'm surprised you don't have any issues with Purkey given his dementia claims.

    That aside, I wouldn't dismiss this as a loophole case. The carjacking made this eligible for death regardless of the Navajo or the state it occurred in. By the logic of calling it a loophole execution, you could say a loophole was used to execute Honken. After all, Iowa does not permit the death penalty and they were perfectly equipped to handle the case. But the continuing criminal enterprise made his crime eligible for the death penalty. It's not terribly different from using a federal stipulation to execute Mitchell when circumstances normally wouldn't permit, just as it normally wouldn't be possible to execute an Iowa killer.
    Purkey was close, but had enough buttons left to pop. Another few months and a re-examination would be due. As for a loophole, for nearly any other murder, the death penalty would have been off the table. The two women could have been raped, bound, stuffed in the trunk and driven to the desert to be left to die of desiccation in any other car and LWOP would be the max, but because it was their own and Congress had not updated the list of crimes covered by the Major Crimes Act to include that new crime...darn skippy I'm going to treat that as a loophole.

  4. #64
    Senior Member Frequent Poster Shep3's Avatar
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    But it was Blanche it was death penalty eligible. So sucks to be him. As for the local US attorney he is an employee of the US justice department and the AG is the boss so yeah it option is worthless saying he should have final say is like saying the cashier at Wendy’s gets to override the store manger.

  5. #65
    Moderator Ryan's Avatar
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    2 weeks until execution day. This will go through unless U.S. District Judge Tanya Chutkan throws in the towel. AG Barr will appeal straight to the Supremes. Therefore Mitchell will be executed on Thursday August 27 if delayed.
    "How do you get drunk on death row?" - Werner Herzog

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  6. #66
    Senior Member Frequent Poster Shep3's Avatar
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    IDK I think since the last one had no delay she’s now broken and won’t be a problem. The really problem will be the AZ district court and the 9th circuit both have some hardcore liberals still butt mad the feds found a way around the Navajos asinine policies.

  7. #67
    Administrator Aaron's Avatar
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    He's trying the same failed appeal the others tried.

    Native American man seeks further delay of federal execution

    FLAGSTAFF, Ariz. (AP) — Attorneys for the only Native American on federal death row are asking a judge to delay his upcoming execution while they argue that the procedures should be consistent with Arizona law.

    Lezmond Mitchell, who is Navajo, is set to be put to death on Aug. 26 at the federal prison in Indiana where he’s being held. He’s among the first inmates whose executions were scheduled after the U.S. Justice Department said last year that it would resume carrying out capital punishment for the first time since 2003.

    U.S. District Judge David Campbell in Arizona heard arguments on the request for a delay Wednesday and said he would make a decision quickly.

    The 9th U.S. Circuit Court of Appeals had spared Mitchell from execution temporarily while he sought to interview jurors about potential racial bias in his case.

    The appeals court ruled against him, and the stay of execution is expected to expire next week. Mitchell’s attorneys have said they’ll seek review from the U.S. Supreme Court. They’ve also filed a petition for clemency based on the Navajo Nation’s longstanding opposition to the death penalty.

    Mitchell was sentenced to death after being convicted of carjacking resulting in death, a crime that carries the possibility of capital punishment no matter where it happens. He fatally stabbed Alyce Slim, 63, and forced her 9-year-old granddaughter to sit beside her grandmother’s lifeless body as he drove about 40 miles (64 kilometers) before he slit the girl’s throat. Their beheaded, mutilated bodies were found in a shallow grave on the Arizona portion of the Navajo reservation in 2001.

    Jonathan Aminoff, one of Mitchell’s federal public defenders, argued Wednesday that the Federal Bureau of Prisons is required to carry out the execution in the same way Arizona would. He said Mitchell would be better protected from potential mishap under Arizona provisions, citing differences in qualifications for administering lethal injections, disclosure of drugs, access to counsel and the number of witnesses.

    “If anyone in Arizona would be entitled to these protections, Mr. Mitchell has to be as well,” he said.

    The U.S. Justice Department said the defense request was untimely, unpersuasive and unjustified. Justice attorney William Voit said Mitchell’s attorneys knew since last July that the federal protocol would be used and didn’t raise the issue until after a federal appeals court in the District of Columbia recently ruled in a similar case.

    He accused Aminoff of manufacturing conflicts between Arizona and federal provisions.

    “In the 230-year history of the federal death penalty, the federal government has never been obligated to comply with the minute details of state execution protocols, and, in all that time, no federal execution has ever been carried out under a court order to follow such granular state procedures,” Voit wrote in court documents.

    In a separate case, the D.C. Circuit Court of Appeals cleared the way for the executions of other federal death row inmates this year by overturning a lower court decision that said the federal government’s protocol for carrying out the death sentences was inconsistent with a 1994 federal law.

    Robert Dunham, executive director of the Death Penalty Information Center, said the U.S. Supreme Court’s decision not to review that case left the matter open to interpretation.

    “What’s left is a decision that doesn’t provide any guidance and a virtual guarantee of continuing litigation in each of these cases,” he said. “That’s what’s come to pass here.”

    https://federalnewsnetwork.com/gover...ral-execution/
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  8. #68
    Senior Member Frequent Poster Shep3's Avatar
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    Ha real bold move asking this in the AZ district they might have some liberal just like the 9th but compared to the DC district and DC circuit they have a larger number of trump judges to combine that with scotus he’s basically desperate

  9. #69
    Moderator Bobsicles's Avatar
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    Navajo Man Loses Latest Bid To Avoid Federal Execution

    FLAGSTAFF, Ariz. (AP) — The only Native American on federal death row lost a bid Thursday to push back his execution date.

    Unless Lezmond Mitchell gets relief from another court or is granted clemency, he will be put to death on Aug. 26 at the federal prison in Indiana where he’s being held.

    Mitchell’s attorneys sought a delay from the U.S. District Court in Arizona where he was sentenced in the 2001 slayings of a 63-year-old fellow Navajo tribal member and her 9-year-old granddaughter. They argued the execution must be performed under Arizona law.

    Judge David Campbell said the attorneys didn’t identify any procedures in Arizona statutes or criminal rules that conflict with the federal protocol when it comes to how Mitchell, who is 38, would die.

    “The court therefore concludes that the government’s planned method of execution is not inconsistent with the salient provisions of Arizona law,” Campbell wrote.

    Campbell disagreed with the U.S. Justice Department that the requests from Mitchell to strike his execution warrant and delay capital punishment was untimely and that a federal law entrusts all details of executions to federal officers.

    The Justice Department didn’t respond to a request for comment Thursday.

    Mitchell’s attorneys said they will appeal Campbell’s decision to the 9th Circuit U.S. Court of Appeals. That court granted him a reprieve from execution last year as he sought to interview jurors in his case about potential racial bias. The court ultimately ruled against him and declined to maintain a stay of execution. It’s expected to expire next week.

    Mitchell’s attorneys plan to take that case to the U.S. Supreme Court. They also filed a petition for clemency, backed by the Navajo Nation and the tribe’s longstanding opposition to putting its citizens to death.

    Tribes have long been able to decide on capital punishment for a set of major crimes committed by Native Americans on tribal land. The Navajo Nation said no to executing Lezmond Mitchell, despite the grisly nature of the killings.

    Mitchell was sentenced to death on a charge of carjacking resulting in death — a crime that carries the possibility of a death sentence regardless of where it happens.

    https://t.co/mG9lEG8usY
    Last edited by Bobsicles; 08-13-2020 at 05:46 PM.
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  10. #70
    Moderator Ryan's Avatar
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    Navajo President has formally asked President Trump to grant clemency for Lezmond Mitchell, of which is scheduled for execution Wednesday August 26 in Indiana.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

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