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Thread: Charles Russell Rhines - South Dakota Execution - November 4, 2019

  1. #31
    Senior Member CnCP Legend Mastro Titta's Avatar
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    I think he could be one of the first executions of 2019.

  2. #32
    aclay
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    How many appeals does this guy have left?

  3. #33
    Administrator Aaron's Avatar
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    The appeal he has pending at SCOTUS now is his last. Once they deny cert he'll get an execution date.
    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. #34
    Administrator Aaron's Avatar
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    In today's orders, the United States Supreme Court declined to review Rhines' petitions for certiorari.

    Lower court: United States Court of Appeals for the Eighth Circuit
    Case Nos.: (18-2376) and (16-3360, 17-1060)
    Decision dates: August 3, 2018 and September 7, 2018
    Rehearings denied: September 18, 2018 and October 1, 2018
    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

  5. #35
    Administrator Aaron's Avatar
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    This is too good to leave out. In their opposition brief, South Dakota said "Rhines is the Jussie Smollet of homosexual persecution, crying wolf in furtherance of a personal agenda."

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    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

  6. #36
    Moderator Ryan's Avatar
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    Gay Bias Death Penalty Claim Denied High Court Review

    Supreme Court rejects appeal alleging anti-gay bias tainted a death sentence

    A gay South Dakota prisoner’s claim that his death sentence was unconstitutionally tainted by homophobia was denied U.S. Supreme Court review.

    In rejecting Charles Rhines’ appeals on April 15, the justices declined to take up what would have been a hot-button case on multiple levels. It pits two evolving areas of the law against one another—gay rights and the sanctity of the jury room—at a time when capital cases have sparked sharp divides among the justices.

    But though heated dissents have been common of late, there wasn’t a peep of protest from any of the justices as the high court cleared the way for Rhines’ execution for a brutal 1992 murder.

    Lawyers supporting Rhines, however, spoke up after the denial.

    “Allowing Charles Rhines’ death sentence to stand defies Constitutional protections and breaks with Supreme Court precedent,” said Daniel Harawa, assistant counsel at the NAACP Legal Defense and Educational Fund, Inc., which filed an amicus brief supporting Rhines.

    “The Supreme Court is uniquely empowered to eradicate discrimination from the jury system, and this disappointing decision undermines public confidence in the administration of justice and the rule of law,” Harawa said.

    Noting that recent high court precedent outlawed racial prejudice in the jury room, Rhines’ lawyer, Shawn Nolan, said anti-gay prejudice likewise undermines “public confidence in the fairness of the system, particularly when jurors must decide between life imprisonment and death.”

    Such bias “deprived Mr. Rhines of his right to a fair sentencing process,” said Nolan, chief of the Capital Habeas Unit at the Federal Community Defender for the Eastern District of Pennsylvania.

    In his unsuccessful attempt to get his appeal heard by the justices, Rhines pointed to that racial prejudice precedent, 2017’s Peña-Rodriguez v. Colorado. There the court pierced the otherwise sacrosanct veil of jury deliberations to undo convictions marred by racist remarks.

    Supported by the ACLU and law professors in addition to LDF, Rhines argued that the reasoning from Peña-Rodriguez should apply to his sexual orientation bias claim, particularly because he’s facing the ultimate punishment.

    He pointed to jurors’ alleged statements during deliberations at his 1993 murder trial, where one said he knew Rhines was a homosexual “and thought that he shouldn’t be able to spend his life with men in prison.” Another said locking Rhines up with other men for life “would be sending him where he wants to go.”

    Rhines also pointed to a jury note from the deliberations, where they asked the judge if he would be allowed to “mix with the general inmate population,” “brag about his crime” to “young men,” or “have a cellmate.”

    The state said Rhines was procedurally blocked from making his claim. It also disputed the claim itself. His juror affidavits are “inherently unreliable” and were procured by harassment and ambush, South Dakota officials argued.

    Jurors were instead motivated by “calloused and gruesome nature of the murder,” officials said. They didn’t immediately respond to a request for comment about the denial.

    The jury sentenced Rhines to death for the murder of Donnivan Schaeffer, who caught Rhines robbing the doughnut shop where Schaeffer worked. Rhines “pounded a hunting knife” into the base of Schaeffer’s skull, “partially severing his brain stem,” the state recounted in court papers.

    Officials said he gave a “bloodcurdling confession,” cackling as he compared the young man’s death spasms to a “beheaded chicken running around a barnyard.”

    The case is Rhines v. Young, U.S., 18-8029, 18-8030, review denied 4/15/19.

    https://news.bloomberglaw.com/us-law...h-court-review
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  7. #37
    Senior Member Frequent Poster Ted's Avatar
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    Quote Originally Posted by Ryan View Post
    [B]But though heated dissents have been common of late, there wasn’t a peep of protest from any of the justices as the high court cleared the way for Rhines’ execution for a brutal 1992 murder.
    Man, you have to be a very much absolute piece of human refuse for even Sotomayor not to write a dissent for you.
    Violence and death seem to be the only answers that some people understand.

  8. #38
    Senior Member Frequent Poster NanduDas's Avatar
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    Should be enough to tell you how much of a load of garbage the homophobia defense ended up being. Won’t stop the media from harping on about it when he actually faces the gurney this year.
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

  9. #39
    Administrator Aaron's Avatar
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    It'd be great if GA and SD collude to execute Tharpe and Rhines on the same day. Heads would explode.
    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

  10. #40
    Administrator Helen's Avatar
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    South Dakota governor not planning to stop inmate execution

    By Jeff Baenen
    Associated Press

    The governor of South Dakota says she does not plan to stop the execution of a death row inmate who claims jurors were biased against him because he's gay.

    The American Civil Liberties Union is urging Gov. Kristi Noem to grant clemency to Charles Rhines. He was convicted of stabbing 22-year-old doughnut shop employee Donnivan Schaeffer to death during a 1992 burglary at the business in Rapid City, South Dakota.

    In a statement to The Associated Press on Wednesday, Noem said the state Board of Pardons and Paroles reviewed Rhines' application for clemency in December and denied it.

    "I agree with the Board of Pardons and Paroles' decision," said the Republican governor, who was elected last November.

    In a letter to Noem dated Monday, the ACLU contends that anti-gay bias against Rhines "factored into the jury's decision to sentence him to death." The organization asks Noem to "exercise compassion and commute Mr. Rhines's sentence to life imprisonment without parole in this case."

    "Our position is that Charles Rhines's execution would violate a basic premise of our criminal justice system: Our law punishes people for what they do, not who they are," Ria Tabacco Mar, senior staff attorney for the ACLU, told the AP in an email Wednesday.

    Rhines has asked the courts to halt his lethal injection, which according to the ACLU is scheduled for early November. A spokesman for the South Dakota attorney general's office said the office is looking at a November execution date.

    A hearing to help determine the execution date is planned for June 25.

    Rhines' appeal followed a ruling by the U.S. Supreme Court in 2017 that evidence of racial bias in the jury room allows a judge to consider setting aside a verdict. Rhines, now 62, claims one juror said Rhines should not be sentenced to life in prison because he is gay and would be housed with other men.

    The Supreme Court has rejected Rhines' appeal twice, with the latest decision coming last month.

    Rhines' execution would be South Dakota's first since Rodney Berget's lethal injection in October. Berget was sentenced to death for killing corrections officer Ronald "R.J." Johnson during a 2011 prison escape attempt. His execution was the state's fourth since it reinstituted the death penalty in 1979.

    https://www.bellinghamherald.com/new...230709329.html
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