TX State District Judge Declares Death Penalty Unconstitutional

Started by heidi salazar, March 04, 2010, 11:14:31 PM

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heidi salazar

Judge clarifies death penalty ruling

HOUSTON (KTRK) -- It's not something a judge does every day, but Judge Kevin Fine was clear in defending and explaining his own ruling.

"That is, we execute innocent people," he said Friday.

The remark was in response to his historic ruling Thursday which granted a standard defense pre-trial motion to declare the death penalty unconstitutional. Judge Fine, in a 15-minute speech, posed this rhetorical question.

"Whether we as a society, knowing that we execute innocent persons, desire to continue to ignore that reality," he said.

However, the Harris County district attorney says there is another reality to consider

"I see this as unnecessarily delaying justice," said Harris County District Attorney Pat Lykos.

Prosecutors have already filed their own motions, asking the judge to reconsider. Regardless of the outcome, the Harris County DA's office says Judge Fine's ruling will not cause judicial upheaval.

"It is our considered opinion it will have no impact on any of the cases currently pending in courts other than the 177th district court of Harris County," said Lykos.

The capital murder case involved defendant John Green, accused of shooting two sisters. One of them died. The crime happened in front of the victim's two children. The defense believes Judge Fine's ruling will have historic consequences.

"I think this is the first step in what I think is the beginning of the end of the death penalty in the state of Texas," said defense attorney Casey Keirnan.

In the meantime, the Harris County DA has filed a motion with the appellate court to overturn Judge Fine's ruling. It's also filed two motions for the judge to reconsider.

http://abclocal.go.com/ktrk/story?section=news/local&id=7313890&rss=rss-ktrk-article-7313890


Michael

JT- is it possible that this is an result of a former drug use?
Some kind of flashback?

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

Granny B

"In the meantime, the Harris County DA has filed a motion with the appellate court to overturn Judge Fine's ruling. It's also filed two motions for the judge to reconsider."

They need to be filing motions to can his ass! >:(
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

TDCJDR


"In the meantime, the Harris County DA has filed a motion with the appellate court to overturn Judge Fine's ruling. It's also filed two motions for the judge to reconsider."

They need to be filing motions to can his ass! >:(


AMEN GOB!

Rick4404

We're talking about Texas here. The state that has by far carried out the most number of executions in the post-Furman era. I'm sure this ruling will quickly be overturned.

Jacques

Video of Judge Kevin Fine Explaining His Ruling that Texas Death Penalty Process is Unconstitutional

http://stopexecutions.blogspot.com/2010/03/video-of-judge-kevin-fine-explaining.html

Best

Jacques

"If you can't explain it to a six year old, you don't understand it yourself." Albert Einstein

heidi salazar

Death penalty case to go forward for now

HOUSTON (KTRK) -- Judge Kevin Fine made headlines with his ruling last week declaring the death penalty unconstitutional. Today he has rescinded his order for now, but he hasn't changed his mind.

Judge Fine's historic ruling Thursday granted a standard defense pre-trial motion to declare the death penalty unconstitutional. On Friday, in a 15-minute speech, he clarified his position, posing this rhetorical question.

"Whether we as a society, knowing that we execute innocent persons, desire to continue to ignore that reality," he said.

In a hearing today, Judge Fine announced that he wants lawyers from both sides to present evidence at a hearing on April 27 on whether the death penalty is unconstitutional. For now, the case will proceed as a death penalty case.

The capital murder case involves defendant John Green, accused of shooting two sisters. One of them died. The crime happened in front of the victim's two children. A date has not been set for the trial to begin.

http://abclocal.go.com/ktrk/story?section=news/local&id=7320601&rss=rss-ktrk-article-7320601

germanintexas

Can you say "Election Year"?

germanintexas

 :P Texas judge rescinds anti-death penalty ruling :P
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.
:D

read more: http://www.statesman.com/news/nation/texas-judge-rescinds-anti-death-penalty-ruling-334894.html

63Wildcat

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.


So what? He needs to send more...
"..the death of any public servant or innocent is a tragedy... the death of a murderer is a mere statistic..."  -63Wildcat

AS OF TOMORROW I'M TURNING GRAVITY OFF...

Granny B

"The Democrat who is heavily tattooed and says he's a recovering alcoholic and former cocaine user,"

That about says it all for why the 2 neurons he has left in his head are misfiring!

                                               
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

JT

JT- is it possible that this is an result of a former drug use?


Absolutely.

Does anybody know if the State of Texas imposes randomised drug tests on the members of its judiciary?
JT's Ridiculous Quote of the Century:
"I'm disgusted with the State for even putting me in this position."
-- Reginald Blanton, Texas death row.  As of October 27, 2009, Reggie's position has been in a coffin.

heidi salazar

State's Death Penalty Statute at Issue in Upcoming Hearing,
Mary Alice Robbins

    A Houston judge who declared the state's death penalty statute unconstitutional has set an April 27 hearing to consider the issue.

    The statute is Texas Code of Criminal Procedure Article 37.071, which sets out the requirements when the state seeks the death penalty against a defendant in a capital case.

    John Niland, trial project director for the Texas Defender Service (TDS) in Austin, predicts that 177th District Judge Kevin Fine's holding in the capital murder case of John E. Green will have a "ripple effect," prompting more criminal-defense attorneys to file motions seeking rulings that Texas' death penalty scheme is unconstitutional.

    "This will not be the last case in which similar arguments are made," says Niland, who is not involved in State v. Green.

    Alan Levy, head of the criminal division in the Tarrant County District Attorney's Office who also is not involved in Green , says he believes the biggest impact of the Green case has been to attract public attention to the death penalty issue.

    "I'm sure prosecutors will prevail in this case," says Levy . "The strategy among the defense bar and anti-death penalty people is to wear the state down."

http://standdown.typepad.com/

Granny B



"The strategy among the defense bar and anti-death penalty people is to wear the state down."

And long may you wage that particular war without winning! :D
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

phlebbb

Statement by Gov. Rick Perry in response to a Houston judge declaring the death penalty unconstitutional

March 04, 2010

AUSTIN - Gov. Rick Perry today issued the following statement regarding a Houston judge ruling the death penalty unconstitutional:

"Today's ruling is an example of an activist judge legislating from the bench in blatant disregard of opinions issued based on both the Texas and U.S. Constitutions. Like the vast majority of Texans, I support the death penalty as a fitting and constitutional punishment for the most heinous crimes. This is a clear violation of public trust and I fully support the Harris Co. District Attorney's decision to pursue all remedies."

http://highplainsobserver.com/default.asp?smenu=232&sdetail=12965            Perhaps his honor would like to spend time  with his abused and misunderstood  convicts ??? :P :P :D :D
People that think they know it all, annoy the hell out us who actually do ...

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