Virginia Death Penalty News

Started by Jeff1857, February 04, 2008, 07:46:15 PM

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Moh

I've made a correction on William Burns

State inmates
Edward Bell: execution date 2-19-09
Paul Powell: 4th Circuit oral argument 12-05-08
Justin Wolfe: 4th Circuit oral argument 12-05-08
John Allen Muhammad: lost federal habeas petition 10-06-08
Jerry Jackson: federal habeas petition filed 9-27-06
Darick Walker: federal habeas petition filed 1-16-07
Teresa Lewis: federal habeas petition filed 6-8-07
Leon Winston: federal habeas petition filed 7-27-07
Larry Elliot: federal habeas petition filed 5-2-08
William Burns: mental-retardation determination jury trial Circuit Court 10-20-08 (outcome unknown)
Anthony Juniper: state habeas VA response received 2-28-07
Ricky Javon Gray: state habeas VA response received 4-21-08
Ivan Teleguz: state habeas VA response received 5-21-08
Thomas Porter: direct appeal denied VA S. Ct. 9-19-08
Alfredo Prieto: sentenced to death 3-4-08, awaiting decision on direct appeal
William Morva: sentenced to death 3-14-08, awaiting decision on direct appeal
William Morrisette: retrial 6-1-09

Federal inmates
Cory Johnson: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
James Roane: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Richard Tipton: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Aquilia Barnette: habeas petition filed 8-07
Carlos Caro: sentenced to death 3-30-07, awaiting decision on direct appeal
Thomas Hager: sentenced to death 11-1-07, awaiting decision on direct appeal
Richard Stitt: 4th Circuit ruled 12-26-08 that he gets a penalty-phase retrial

Jeff1857

Va Senate committee passes death penalty expansion


A state Senate committee on Wednesday endorsed legislation to expand the death penalty, but the true test will be whether the bills can get enough support in the full Senate to override a veto by the governor.

The Senate Courts Committee advanced one bill to expand the death penalty to those who assist in a murder but don't do the actual killing and another to allow it for those who kill a fire marshal or his assistant while on the job.

For the past two years, Gov. Timothy M. Kaine has vetoed the expansion of Virginia's "triggerman rule," which reserves capital punishment for the person who actually does the killing.

Virginia law already allows the death penalty for murder accomplices in the case of a murder for hire, terrorism and continuing criminal enterprise. The bill, sponsored by Republican Sen. Mark Obenshain of Harrisonburg, would allow the death penalty for any accomplice who shares the triggerman's intent to kill.

Obenshain's bill passed the committee 8-6 with 1 absention.

While the Republican-controlled House had enough votes to overturn the veto each year, the Democrat-led Senate came just shy of the 2/3 margin necessary to override Kaine.

Kaine, a Democrat, has said he doesn't believe further expansion of capital punishment is necessary. His spokesman, Gordon Hickey, said Wednesday that Kaine's position has not changed.

Sen. Steve Martin's bill would add fire marshals and assistant fire marshals to the long list of law enforcement officers for which killing them in their line of duty is punishable by death. It passed out of the committee on a 12-3 vote.

Both bills passed without debate.

Beth Panilaitis, executive director of Virginians for Alternatives to the Death Penalty, said rather than passing laws to expand the death penalty, legislators could better spend their time trying to fix the state's at least $3 billion budget shortfall that threatens to yank money from schools and health care for the poor.

"We don't think that it's in the best interest of the citizens of the commonwealth, especially in a year when we have such a budget crisis," she said.

Another bill to expand capital punishment to those who kill auxiliary police officers and deputy sheriffs has been filed but has not yet been heard by the committee.

Virginia has executed more inmates than any state except Texas since capital punishment was reinstated in 1976.

(source: Associated Press)


Heidi Salazar

VA Senate Votes to Expand Death Penalty

RICHMOND, Va. (AP)

VA Senate Votes to Expand Death Penalty

A Senate committee has endorsed legislation to expand the death penalty, but the true test will be whether it can get enough votes in the full Senate to override a veto by Gov. Tim Kaine.

The Senate Courts Committee on Wednesday advanced one bill to expand the death penalty to murder accomplices and another to allow it for those who kill a fire marshal or his assistant while on the job.

For the past two years Kaine has vetoed expansion of Virginia's "triggerman rule," which reserves capital punishment for the person who actually does the killing. While the House had enough votes to overturn the veto, the Senate came up short both years.

Virginia has executed more inmates than any state except Texas since capital punishment was reinstated in 1976

http://www.whsv.com/home/headlines/38053049.html
___________________________________________________________________________________________________________________

Jeff1857

Bill expands death penalty beyond triggerman


In Richmond, the Senate passed a bill last week expanding the death penalty beyond the "triggerman" rule for the 4th year in a row.

The Senate voted 24-16 to pass the bill proposed by Sen. Mark D. Obenshain, R-26.

The bill would repeal Virginia's "triggerman" rule, which allows for only the gunman to be tried for capital crimes.

The legislation is based on at least 5 cases in which only one person involved with a crime could be tried for capital punishment.

Most recently the case of the Beltway Sniper in 2002 illustrates the problem with the current law, said Jared Walczak, Obenshain's legislative assistant.

In this case, 2 men fatally shot 10 people in the Washington area. John Allen Muhammad, 48, is awaiting appeals on death row. His accomplice, Lee Boyd Malvo, 23, is serving several consecutive life sentences without parole.

"Muhammad pulled the trigger as far as they can tell, but should he get a different sentence than Malva?" Walczak said.

Sen. Robert Hurt, R-19, sits on the Senate Courts of Justice committee that heard the bill. He said that he has supported the bill in previous years and will continue to support it.

Conspirators of murder should all be treated the same, Hurt said. He also used the Muhammad and Malvo case as an example of what the legislators aim to fight with this bill.

"Imagine the absolute horror of having unsuspecting people shot," he said. "It seems clear in all fairness that they should be treated the same."

Virginia law already allows for conspirators to be punished the same with the exception of the death penalty. "I support having this loophole fixed," he said.

Virginia has the "triggerman" loophole because it was created when the death penalty was under question, Walczak said.

Del. Todd Gilbert, R-15, introduced the bill in the House of Delegates for the 3rd year in a row earlier in the session. The House passed the bill as it has done in the past.

Frink used the example of a case in which two men entered a Richmond home and tied up the occupants. The 1st man ordered the 2nd to execute them and is not subject to trial for a death sentence, Frink said.

The bill rationalizes criminal law, said Gary R. Frink, Gilbert's legislative assistant.

Under state law, the murderer and conspirator are equally responsible, but cannot both be sentenced to death.

The bill allows for people who order others to commit murder to be prosecuted for capital punishment as well.

Gov. Timothy M. Kaine is expected to veto the bill once again.

"I can't imagine that he would pass it after vetoing it for years," said Hurt.

The governor has made it clear that he will veto the law this year, Walczak said.

The outlook for next year is much better, he said, because the Republican and Democratic candidates for governor have expressed support for the measure.

Gilbert plans to propose the bill in the House next year.

"He's going to keep proposing it until the laws change," Frink said.

(source: Chatham Star-Tribune)


Heidi Salazar

Wow that sounds like an oped!! Really wished you had provided a link instead of an attribute.

Michael

I´m not sure if there´s a hell, but I believe in executed murderers.

Jeff1857

RICHMOND, Va. (AP) - The Senate has voted to expand capital punishment for the third time this session.

    On Tuesday, senators voted 33-6 to allow the death penalty for those who kill an auxiliary police officer or deputy while on the job.

    Earlier in the session the Senate voted to expand it to those who assist in a murder but don't do the actual killing and to those who kill certain fire marshals while they are on duty.

    Currently, prosecutors can only seek the death penalty if a crime meets one of 15 criteria, such as killing someone during a rape or killing a witness to interfere with a case.

    Sen. Thomas Norment's bill would add auxiliary officers and deputies, usually part-time or volunteer officers, to the section that allows the death penalty for killing a law enforcement officer.


http://www.wsls.com/sls/news/state_regional/govtpolitics/article/state_senate_votes_to_expand_death_penalty_for_3rd_time/26669/

Moh

#22
February 05, 2009, 04:17:49 PM Last Edit: February 05, 2009, 04:21:05 PM by Moh
There's an update on Darick Walker

State inmates
Edward Bell: execution date 02-19-09
Paul Powell: 4th Circuit oral argument 12-05-08
Justin Wolfe: 4th Circuit oral argument 12-05-08
Darick Walker: 4th Circuit oral argument 03-24-09
John Allen Muhammad: lost federal habeas petition 10-06-08
Jerry Jackson: federal habeas petition filed 09-27-06
Teresa Lewis: federal habeas petition filed 06-08-07
Leon Winston: federal habeas petition filed 07-27-07
Larry Elliot: federal habeas petition filed 05-02-08
William Burns: mental-retardation determination jury trial Circuit Court 10-20-08 (outcome unknown)
Anthony Juniper: state habeas VA response received 02-28-07
Ricky Javon Gray: state habeas VA response received 04-21-08
Ivan Teleguz: state habeas VA response received 05-21-08
Thomas Porter: direct appeal denied VA S. Ct. 09-19-08
Alfredo Prieto: sentenced to death 03-04-08, awaiting decision on direct appeal
William Morva: sentenced to death 03-14-08, awaiting decision on direct appeal
William Morrisette: retrial 06-01-09

Federal inmates
Cory Johnson: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
James Roane: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Richard Tipton: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Aquilia Barnette: habeas petition filed 08-07
Carlos Caro: sentenced to death 03-30-07, awaiting decision on direct appeal
Thomas Hager: sentenced to death 11-01-07, awaiting decision on direct appeal
Richard Stitt: 4th Circuit ruled 12-26-08 that he gets a penalty-phase retrial

Michael

Va. House votes to expand death penalty

The Virginia General Assembly's House of Delegates has voted to expand the death penalty once again in the state with the nation's second-busiest death chamber.

The House voted 73-25 today to expand Virginia's "triggerman rule," which reserves capital punishment for the person who actually does the killing. The bill would allow the death penalty for any accomplice who shares the triggerman's intent to kill.

Then the House voted 75-22 to allow capital punishment for those who kill fire marshals and auxiliary police while on duty.

The Senate had already passed similar bills, but not by enough votes to override a likely veto.

Gov. Timothy M. Kaine, a Roman Catholic who is opposed to capital punishment, has vetoed the triggerman bill the last two years and has indicated he would do so to other efforts to expand the death penalty.

http://www.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/DEATHGAT10_20090210-135404/202867/
I´m not sure if there´s a hell, but I believe in executed murderers.

Moh

Edward Bell removed due to execution

State inmates
Paul Powell: 4th Circuit oral argument 12-05-08
Justin Wolfe: 4th Circuit oral argument 12-05-08
Darick Walker: 4th Circuit oral argument 03-24-09
John Allen Muhammad: lost federal habeas petition 10-06-08
Jerry Jackson: federal habeas petition filed 09-27-06
Teresa Lewis: federal habeas petition filed 06-08-07
Leon Winston: federal habeas petition filed 07-27-07
Larry Elliot: federal habeas petition filed 05-02-08
William Burns: mental-retardation determination jury trial Circuit Court 10-20-08 (outcome unknown)
Anthony Juniper: state habeas VA response received 02-28-07
Ricky Javon Gray: state habeas VA response received 04-21-08
Ivan Teleguz: state habeas VA response received 05-21-08
Thomas Porter: direct appeal denied VA S. Ct. 09-19-08
Alfredo Prieto: sentenced to death 03-04-08, awaiting decision on direct appeal
William Morva: sentenced to death 03-14-08, awaiting decision on direct appeal
William Morrisette: retrial 06-01-09

Federal inmates
Cory Johnson: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
James Roane: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Richard Tipton: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Aquilia Barnette: habeas petition filed 08-07
Carlos Caro: sentenced to death 03-30-07, awaiting decision on direct appeal
Thomas Hager: sentenced to death 11-01-07, awaiting decision on direct appeal
Richard Stitt: 4th Circuit ruled 12-26-08 that he gets a penalty-phase retrial

Jeff1857

A bill to expand the death penalty to those who assist in a murder but don't do the actual killing is on its way to Gov. Timothy Kaine.

For the past two years, Kaine has vetoed bills to expand Virginia's "triggerman rule," which reserves capital punishment for the person who actually does the killing. The bill would allow the death penalty for any accomplice who shares the triggerman's intent to kill.

Without debate, the Democrat-controlled Senate voted 24-13 to pass the bill. That's three votes shy of the two-thirds majority that would be needed to override a veto.

The bill cleared the House 73-25 earlier this month.



http://www.washingtonpost.com/wp-dyn/content/article/2009/02/24/AR2009022401766.html?wprss=rss_metro

vikkiw47

DO you think he will sign it this time or do you see him vetoing it again ! lets hope he signs it for Pete's sake
Justice is not about bringing back the dead. It is not about revenge either. Justice is about enforcing consequences for one's own actions to endorse personal responsibility. We cannot expect anyone to take responsibility for their own actions if these consequences are not enforced in full.

Moh

There's an article in the Richmond Times Dispatch which indicates that the death penalty is still a possibility for Daryl Atkins, whose case was used by the US Supreme Court to ban the execution of the mentally retarded.

http://www.timesdispatch.com/rtd/news/local/article/SCOV25GAT_20090224-202004/214785/

Moh

I've added Daryl Atkins back to the list

State inmates
Paul Powell: 4th Circuit oral argument 12-05-08
Justin Wolfe: 4th Circuit oral argument 12-05-08
Darick Walker: 4th Circuit oral argument 03-24-09
John Allen Muhammad: lost federal habeas petition 10-06-08
Jerry Jackson: federal habeas petition filed 09-27-06
Teresa Lewis: federal habeas petition filed 06-08-07
Leon Winston: federal habeas petition filed 07-27-07
Larry Elliot: federal habeas petition filed 05-02-08
William Burns: mental-retardation determination jury trial Circuit Court 10-20-08 (outcome unknown)
Anthony Juniper: state habeas VA response received 02-28-07
Ricky Javon Gray: state habeas VA response received 04-21-08
Ivan Teleguz: state habeas VA response received 05-21-08
Thomas Porter: direct appeal denied VA S. Ct. 09-19-08
Alfredo Prieto: sentenced to death 03-04-08, awaiting decision on direct appeal
William Morva: sentenced to death 03-14-08, awaiting decision on direct appeal
Daryl Atkins: Virginia Supreme Court hearing 02-24-09 on validity of Circuit Court commutation to life sentence
William Morrisette: retrial 06-01-09

Federal inmates
Cory Johnson: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
James Roane: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Richard Tipton: all normal appeals exhausted, awaiting resolution of lethal-injection litigation in DC Federal District Court
Aquilia Barnette: habeas petition filed 08-07
Carlos Caro: sentenced to death 03-30-07, awaiting decision on direct appeal
Thomas Hager: sentenced to death 11-01-07, awaiting decision on direct appeal
Richard Stitt: 4th Circuit ruled 12-26-08 that he gets a penalty-phase retrial


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