Tx DP "Unconstitutional"?

Started by RevKev, December 06, 2010, 11:20:43 PM

previous topic - next topic

0 Members and 1 Guest are viewing this topic.

Go Down

RevKev

http://www.chron.com/video/?700786611001
The anti's in Houston are trying to get the Tx DP ruled unconstitutional. They claim too many "innocent people" are getting the DP. The news media says this decision could impact the rest of the nation.

kubsch1

Its true.  Its true.  Too many innocent people are being put to death not by Texas but by the scumbags Texas is putting to death.  Line em up DA and Judges and may God have mercy on their murdering souls!

Gregg Fisher


http://www.chron.com/video/?700786611001
The anti's in Houston are trying to get the Tx DP ruled unconstitutional. They claim too many "innocent people" are getting the DP. The news media says this decision could impact the rest of the nation.


The news media needs to put down their crack pipe. This is the most ridiculous thing I have ever seen. 




Would you buy a used car from this man?

http://goo.gl/JwxKm

Gregg Fisher

A comment made by  Kent Scheidegger over on WSJ and worth reading:

Kent Scheidegger wrote:

"But a dozen death-row inmates have been exonerated of the crimes of which they were convicted. "

Twelve is the number on the DPIC's so-called innocence list, but that list has been thoroughly discredited. For example, Timothy Hennis was on this list, but he was subsequently conclusively proven guilty by DNA.

"A DNA test on a strand of hair that linked a convicted murderer to the crime scene shows it wasn't his - a revelation that strongly suggests the Texas man was wrongly executed under state law."

In fact, the hair was a minor piece of evidence in the case, and the other evidence still confirms Jones's guilt.

The Willingham case is similar. The reexamination of the forensic evidence does not prove that it was not arson. At most, it renders the forensic evidence inconclusive. There is still lots of other evidence of guilt, such as the witness who saw Willingham moving his car out of danger while his children burned.

"We execute minority prisoners at a far higher rate than white prisoners, adjusting for relevant factors of the crime and the offender."

That is simply false. Even the opponents' own studies regularly show no race-of-defendant bias. All the argument is about a claimed race-of-victim effect (which, in fact, goes away when other legitimate factors are accounted for).

"It is very expensive to go through all of the levels of appeal and protection."

Most of the litigation is over issues that have nothing to do with guilt. If we limited all reviews after the first to guilt-related issues, the system would be much cheaper and faster. It would also be more reliable, as removing the cases that have no question of guilt (which is most of them) would allow greater concentration of resources on the handful that do.

http://goo.gl/7Wqm8


ScoopD (aka: Pam)

Haven't there been problems with this Judge in the past? I remember something in the not so distant past where he was involved..     :-X
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Elric of Melnibone

#5
December 07, 2010, 12:08:56 AM Last Edit: December 07, 2010, 12:37:02 AM by Elric of Melnibone
I wonder if the judges law firm was staffed by Moses Howard, C. Joseph Howard, and Larry Fine, Esq...
You can lead an ass to water and if you fight long and hard, you can make it drink.  But at the end of the day, after all the fighting, it is still an ass.

Banned from PTO 3 times so far for life.

Gregg Fisher


Haven't there been problems with this Judge in the past? I remember something in the not so distant past where he was involved..     :-X


Hell yeah.  There was a rape case where the defendant was convicted. However, the judge made the victim testify again in court as to the details of the rape before he would sentence the defendant.  He's a real pr*ck. 

Gregg Fisher


I wonder if the judges law firm was staffed by Moses Howard, Joseph (Curley) Howard, and Larry Fine, Esq...


Hey!  I like those guys!   ;D

Elric of Melnibone

The Law firm of Howard, Fine, and Howard at work...

Sorry about the advert...

http://www.youtube.com/watch?v=bWtuQS-NknI
You can lead an ass to water and if you fight long and hard, you can make it drink.  But at the end of the day, after all the fighting, it is still an ass.

Banned from PTO 3 times so far for life.

JTiscool

I seriously hope the anti's fail at this  :-[
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

ScoopD (aka: Pam)

Gregg, it wasnt the rape case I was thinking of...    I found it, back in March of this year, this bozo declared the death penalty unconstitutional in a pretrail motion on a capital murder case and a week later rescinded his ruling.

---
HOUSTON -- A Texas judge who came under criticism for his ruling declaring the death penalty unconstitutional took back his controversial decision on Tuesday.

However, Judge Kevin Fine said he still wants more information on whether the state's death penalty statute is unconstitutional because it allows for the possible execution of an innocent person. The Democrat who is heavily tattooed and says he's a recovering alcoholic and former cocaine user, is a state district judge in the county that sends more inmates to death row than any other in the nation.

During a court hearing Tuesday, Fine rescinded his ruling, which he made last week in granting a pretrial motion in a capital murder case. But he asked Harris County prosecutors and defense attorneys to submit motions on the issue.

A hearing in the case is set for April 27, and Tuesday's decision will delay the trial, which had been set to begin with jury selection at the end of this month.

Fine said there was no precedent to guide him in resolving the issues raised by defense attorneys in a case involving a man accused of fatally shooting a Houston woman and wounding her sister during a robbery in front of their home in June 2008.

Attorneys for John Edward Green Jr. argued Texas' death penalty statute is unconstitutional because it violates their client's right to due process of law under the 5th Amendment because hundreds of innocent people around the country have been convicted and sent to death row and later exonerated.

Fine said in his ruling Thursday that it is safe to assume innocent people have been executed. A string of high-profile Texans, including Gov. Rick Perry, strongly criticized Fine's ruling last week. Fine declined to comment Tuesday on why he took back his ruling.

"We are reviewing the court's latest ruling and are briefing the issues," said Donna Hawkins, a spokeswoman for the Harris County District Attorney's Office.

An attorney for Green did not immediately return a telephone call seeking comment.

A court hearing in the case had been set for Wednesday, when Fine was expected to rule on prosecutors' motions to have him reconsider his decision or to still proceed with the trial as a death penalty case. Tuesday's hearing was called at the last minute.

Texas Attorney General Greg Abbott last week called Fine's ruling one of "unabashed judicial activism." Perry also slammed it, saying he supports the death penalty as do the majority of people in Texas.

Last year, the state executed 24 people, including six cases from Harris County. Three people have been executed so far this year, none from Harris County.


source: http://www.mysanantonio.com/news/national-international/article/Texas-judge-rescinds-anti-death-penalty-ruling-794870.php
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Gregg Fisher


Gregg, it wasnt the rape case I was thinking of...    I found it, back in March of this year, this bozo declared the death penalty unconstitutional in a pretrail motion on a capital murder case and a week later rescinded his ruling.

---
HOUSTON -- A Texas judge who came under criticism for his ruling declaring the death penalty unconstitutional took back his controversial decision on Tuesday.

However, Judge Kevin Fine said he still wants more information on whether the state's death penalty statute is unconstitutional because it allows for the possible execution of an innocent person. The Democrat who is heavily tattooed and says he's a recovering alcoholic and former cocaine user, is a state district judge in the county that sends more inmates to death row than any other in the nation.

During a court hearing Tuesday, Fine rescinded his ruling, which he made last week in granting a pretrial motion in a capital murder case. But he asked Harris County prosecutors and defense attorneys to submit motions on the issue.

A hearing in the case is set for April 27, and Tuesday's decision will delay the trial, which had been set to begin with jury selection at the end of this month.

Fine said there was no precedent to guide him in resolving the issues raised by defense attorneys in a case involving a man accused of fatally shooting a Houston woman and wounding her sister during a robbery in front of their home in June 2008.

Attorneys for John Edward Green Jr. argued Texas' death penalty statute is unconstitutional because it violates their client's right to due process of law under the 5th Amendment because hundreds of innocent people around the country have been convicted and sent to death row and later exonerated.

Fine said in his ruling Thursday that it is safe to assume innocent people have been executed. A string of high-profile Texans, including Gov. Rick Perry, strongly criticized Fine's ruling last week. Fine declined to comment Tuesday on why he took back his ruling.

"We are reviewing the court's latest ruling and are briefing the issues," said Donna Hawkins, a spokeswoman for the Harris County District Attorney's Office.

An attorney for Green did not immediately return a telephone call seeking comment.

A court hearing in the case had been set for Wednesday, when Fine was expected to rule on prosecutors' motions to have him reconsider his decision or to still proceed with the trial as a death penalty case. Tuesday's hearing was called at the last minute.

Texas Attorney General Greg Abbott last week called Fine's ruling one of "unabashed judicial activism." Perry also slammed it, saying he supports the death penalty as do the majority of people in Texas.

Last year, the state executed 24 people, including six cases from Harris County. Three people have been executed so far this year, none from Harris County.


source: http://www.mysanantonio.com/news/national-international/article/Texas-judge-rescinds-anti-death-penalty-ruling-794870.php


Now, he is putting on phony evidence in order to justify his ridiculous ruling from back then.  Before, he was ready to declare it unconstitutional because the trial atty said it was in their trial briefs.    :o

It's just a continuation of his B.S.

TheSurgeon345

Capital Punishment is not unconstitutional. It is a legal form of justice carried out against those who have been convicted by a judge and jury based on evidence. It is extremely rare for an innocent person to be executed due to the "beyond reasonable doubt" and also the mountains of appeals granted to those who are convicted. The average time spent on death row is 12-16 years. This gives the State and its attorneys to make absolutely sure that the correct person is convicted and executed for the crime.

RevKev

http://www.chron.com/disp/story.mpl/metropolitan/7327353.html
Ha ha, this stupid-ass local judge over-stepped his bounds again:

The Texas Court of Criminal Appeals halted an unprecedented death penalty hearing late Tuesday after an emergency appeal from the Harris County District Attorney's Office argued that a Houston judge was overstepping his boundaries.

The hearing on the constitutionality of the procedures surrounding the death penalty in Texas will be stopped to allow both sides 15 days to respond and file briefs in the state's highest criminal court.

State District Judge Kevin Fine had acknowledged that the appellate court may have been considering whether to order him to halt the proceedings in a preliminary hearing in the death penalty trial of John Edward Green.

Prosecutors and defense lawyers will now argue whether the hearing should take place. The district attorney's office said in its brief that Fine was exceeding his authority by allowing evidence regarding flaws in past death penalty cases to decide issues in Green's case.

Donna Hawkins, a spokeswoman for the district attorney office, declined to comment late Tuesday.

Defense lawyers for Green said they were disappointed in Tuesday's decision, but vowed to fight on.

"We will never quit on this issue and will defend him all the way to the Supreme Court if necessary," said Casey Keirnan, one of Green's attorneys.

Arguments at the appellate court could end or may just delay what has turned in to a full-fledged accounting of the safeguards of the procedures available used to convict and execute inmates in Texas.

Steven Halpert, a Houston defense lawyer who has been watching the proceedings, said he does not believe the hearing will continue.

"It's a shame, because a free debate, a well-rounded debate on these issues is certainly overdue, and we may never get that opportunity," Halpert said.

'Standing mute'
Prosecutors have been "standing mute" at counsel tables during the hearing that began Monday and was expected to last two weeks.

Their strategy has been to refuse to take part in Fine's hearing, opting instead to plead their case to the appeals court.

Before they decided to not say anything, prosecutors argued that the law surrounding the death penalty is well-settled precedent.

They also argued that Green has not been convicted of anything and therefore lacks standing to argue against the death penalty.

The district attorney's office argued a similar motion in late November, saying they believed evidence of other exonerations would be introduced into evidence. The appeals court ruled against them.

In this week's motion, which was granted, the district attorney's office swore out an affidavit that the evidence the judge was hearing was indeed about other exonerations, not Green's case.

Defense lawyers said there was not much difference between the two requests.

Defense lawyers said there was not much difference between the two requests.

"We're disappointed and frankly a little surprised," said Robert Loper, one of Green's attorneys. "The state didn't say anything new."

Loper also panned the district attorney's refusal to participate.

"If they're afraid to have the hearing, then maybe they're concerned about what may come out," he said. "Any person hearing the witnesses who have already testified would be shocked by all the exonerations, and the reasons behind those wrongful convictions."

Exonerations not rare
Brandon Garrett, a University of Virginia law professor, testified Tuesday that the rate of exonerations across the country is now averaging more than one a month.

Seven of the 261 national exonerations came from Harris County, Garrett said.

Loper noted that some of the reasons behind the wrongful convictions include mistaken eyewitness identification, bad forensic science and informant testimony.

Lawyers for Green believe the evidence against Green may include an eyewitness, a partial palm print and snitches.

Green, 25, could face the death penalty. He is alleged to be the gunman in a 2008 robbery and slaying in southwest Houston.

His attorneys have said Green is innocent, but the hearing was less about Green's case and more about whether Texas has executed innocent people because of a flawed system.

Barry Scheck, co-director of the Innocence Project, had been scheduled to take the helm today to call witnesses to testify about Cameron Todd Willingham and Claude Jones, two men convicted of capital murder and executed.

Scheck had been expected to try to convince Fine that the two men had been wrongfully executed.

JTiscool


Quote
"It's a shame, because a free debate, a well-rounded debate on these issues is certainly overdue, and we may never get that opportunity," Halpert said.


Personally I think this issue has been beaten to death way too much. The anti's are beating a dead horse here.

I just want one thing answered by antis appropriately and satisfactorily.

Quote
What do you do when a lifer kills another guard or inmate? What punishment does he get? Do you waste 3 months on a trial with the same exact sentence the defendant is serving
?

As far as I am concerned if the antis cannot appropriately answer the above question then they will not satisfy the burden of proof that lies on them to prove that the death penalty isn't needed. I believe the pros can argue their primary point about "innocents being executed" with the fact that new DNA testing makes that very, very, very unlikely if not impossible to execute someone. Also the amount of appeals and years a death row inmate should be and has been long enough for a defendant to prove their innocence. Granted it should not work like that but it's something we have to adapt to.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Go Up