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

  1. #21
    Moderator Ryan's Avatar
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    Mitchell's execution is set for Wednesday December 11@7am. Oral arguments are beyond Mitchell's execution date set for Friday December 13@2pm. If DENIED and the stay is lifted, will AG Barr set his execution in the spring / summer? To SCOTUS, it comes under Chief Justice John Roberts.
    "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

  2. #22
    Senior Member Frequent Poster Ted's Avatar
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    Is this one definitely not happening next month?
    Violence and death seem to be the only answers that some people understand.

  3. #23
    Administrator Aaron's Avatar
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    I'm starting to wonder if Bill "Iron Balls" Barr is going to appeal. He absolutely needs to.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  4. #24
    Senior Member Frequent Poster schmutz's Avatar
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    I suspect SCOTUS will lift the stay from the Ninth and issue its own pending resolution of the appeal before the appellate court. I doubt the ruling will come soon enough for an appeal to SCOTUS on this year's docket. President Warren will then have a big photo op at the Navajo rez to announce the commutation of his sentence to life.

  5. #25
    Administrator Moh's Avatar
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    The panel hearing Mitchell's appeal will be made up of Judges Ikuta (G.W. Bush), Christen (Obama) and Hurwitz (Obama).

    https://www.ca9.uscourts.gov/calenda...s=13&year=2019

  6. #26
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    Navajo death row inmate loses appeal to probe racial bias

    The only Native American on federal death row lost a bid Thursday to look into potential racial bias in his case.

    The 9th U.S. Circuit Court of Appeals upheld a decision by a federal court in Arizona that Lezmond Mitchell had no grounds to interview jurors for potential bias against Native Americans.

    Mitchell was convicted of the 2001 murder of a fellow Navajo tribal member and her 9-year-old granddaughter on the reservation that extends into Arizona, New Mexico and Utah. He was scheduled to be executed last December, but the 9th Circuit put it on hold because of his attorneys' appeal.

    The three-judge panel found Mitchell failed to show any discrimination occurred among the jury and pointed out several safeguards that were in place.

    “Jurors were asked ... about their attitudes towards Native Americans, were instructed not to consider race, and were required to sign a certification attesting that they did not consider race,” Judge Sandra Ikuta wrote.

    Mitchell's attorneys could ask for a rehearing before the full 9th Circuit. They said Thursday they will pursue all available avenues of relief.

    “The Ninth Circuit’s decision puts prisoners like Lezmond Mitchell in an impossible position," the attorneys said in a statement. “Although the Supreme Court has held that racial bias in jury deliberations renders a trial fundamentally unfair, Mr. Mitchell has been barred from investigating whether his jury was tainted by racial bias.”

    Assistant U.S. Attorney William Voit equated the appeal to a “fishing expedition” during oral arguments in December. The U.S. Department of Justice declined comment Thursday.

    Mitchell and an accomplice abducted Alyce Slim, 63, and her granddaughter in October 2001 with plans to use Slim's vehicle in a robbery. Prosecutors said the two fatally stabbed Slim and slit the girl's throat. Their beheaded, mutilated bodies were found in a shallow grave on the Navajo Nation.

    Despite the grisly nature of the killings, tribal officials and even the victims' family opposed the death penalty. American Indian tribes for decades have been able to tell federal prosecutors if they want a death sentence considered for certain crimes on their land. Nearly all have rejected that option.

    Mitchell was convicted of carjacking resulting in death — a crime that carries a possible death sentence no matter where it happens, meaning the tribe had no avenue to object.

    Judges Morgan Christen and Andrew Hurwitz of the 9th Circuit concurred with the ruling Thursday but wrote separately that the United States should reconsider whether the death penalty is appropriate in Mitchell's case.

    “The imposition of the death penalty in this case is a betrayal of a promise made to the Navajo Nation, and it demonstrates a deep disrespect for tribal sovereignty,” Christen wrote. “People can disagree about whether the death penalty should ever be imposed, but our history shows that the United States gave tribes the option to decide for themselves.”

    The Justice Department announced last year the federal government would resume executing death-row inmates for the first time since 2003. Mitchell was one of five male inmates scheduled to be put to death. But the U.S. Supreme Court blocked the Trump administration last December from carrying them out.

    The federal appeals court in Washington, D.C., is reviewing the case.
    An uninformed opponent is a dangerous opponent.

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  7. #27
    Administrator Aaron's Avatar
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    Gee imagine that. Yet another unjustified stay that was issued by obstructionist judges solely because they could.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #28
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    Looks like he is been rescheduled for Aug 26th.

    https://drive.google.com/file/d/1l3Z...euOiHTzca/view

  9. #29
    Moderator Bobsicles's Avatar
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    A journalist for the federal government just confirmed it but we need we need to wait for the article to post it
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  10. #30
    Senior Member CnCP Legend Mike's Avatar
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    Execution Rescheduled for Federal Inmate Convicted of Brutally Murdering a Grandmother and her Nine-Year-Old Granddaughter

    Department of Justice
    Office of Public Affairs

    Attorney General William P. Barr today directed the Federal Bureau of Prisons to reschedule the execution of Lezmond Mitchell, a federal death-row inmate who was convicted more than 17 years ago of the brutal murders of a grandmother and her nine-year-old granddaughter. The execution, initially scheduled for last December, is now scheduled to occur on August 26, 2020, at the U.S. Penitentiary in Terre Haute, Indiana.

    In October 2001, Mitchell murdered Alyce Slim, a 63-year-old grandmother, and her nine-year-old granddaughter as part of a carjacking in Arizona. After getting a ride from Slim in her pickup truck, Mitchell and an accomplice stabbed her 33 times and threw her body into the backseat beside her granddaughter. Mitchell then drove the truck 30-40 miles into the mountains, ordered the girl “to lay down and die,” slit her throat twice, and crushed her head with rocks. Mitchell and his accomplice proceeded to sever the heads and hands of the victims’ bodies and burn their clothes. Mitchell later confessed to the murders. In May 2003, a jury in the U.S. District Court for the District of Arizona found him guilty of numerous federal crimes — including first-degree murder, felony murder, and carjacking resulting in death — and he was sentenced to death. His convictions and sentence were affirmed on appeal, and his claims for collateral relief were denied by every court that considered them.

    Mitchell’s execution was initially scheduled for December 2019, but the U.S. Court of Appeals for the Ninth Circuit entered a stay of execution while it resolved an additional appeal by Mitchell. The court of appeals unanimously rejected Mitchell’s claim in April 2020 and denied his request for full-court rehearing earlier this month. When the Ninth Circuit stay formally concludes, no legal impediments will bar the execution, and it can occur without further delay.

    https://www.justice.gov/opa/pr/execu...r-and-her-nine
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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