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

This isn't anything new. All defense lawyer's challenge the constitutionality of the DP. It is standard in pre-trial motions. What Fine did was completely disregard the law of the land and grant the motion for his own personal gain. I bet he has a book deal in the works!






kanga


I have not found any info on Fine sitting on the bench in any other Capital Case.

This is possibly his first one?

Maybe he wants to be booted off the case?

Kanga

heidi salazar



I have not found any info on Fine sitting on the bench in any other Capital Case.

This is possibly his first one?

Maybe he wants to be booted off the case?

Kanga


If that is his intent he did a Fine job of it!!

heidi salazar

DA wants controversial judge off death penalty case

HOUSTON (KTRK) -- Harris County District Attorney Pat Lykos wants a judge who ruled the death penalty unconstitutional to pull himself off a death penalty case.

The DA's office filed a motion asking Judge Kevin Fine to recuse himself, accusing the judge of bias against the death penalty. Back on March 9, Judge Fine rescinded his ruling just five days after saying the death penalty violated due process provisions of the U.S. Constitution.

A hearing in the case is scheduled for late April.

Judge Fine is up for re-election in November 2012.

http://abclocal.go.com/ktrk/story?section=news/local&id=7363765&rss=rss-ktrk-article-7363765

heidi salazar

DA: Texas judge has death penalty bias

HOUSTON -- A Texas judge who declared the death penalty unconstitutional is refusing a request from the Harris County District Attorney's Office to remove himself from the case that prompted the highly criticized ruling.

Prosecutors want state District Judge Kevin Fine off the case, accusing him of bias against capital punishment.

In a ruling last month in a capital murder case over which he is presiding, Fine said it is safe to assume that Texas has put innocent people to death. He also questioned whether society, considering the recent history of death row inmate exonerations, can continue to ignore this reality.

Fine later rescinded his ruling but scheduled a hearing for the end of this month to hear evidence on the issue. The status of that hearing is now unclear.

http://www.theeagle.com/texas/DA--Texas-judge-has-death-penalty-bias

Jeff1857

DA's effort to recuse judge in murder case rejected


A Houston judge who declared the procedures surrounding the death penalty unconstitutional in March, then rescinded his ruling to hear more information, will stay on the case, a special judge has ruled.

State District Judge L.J. Gist denied the district attorney's motion to recuse Kevin Fine, who presides over the 177th state District Court.

"It is the finding of this court that the totality of evidence does not support the state's motion to recuse Judge Fine nor that his impartiality might be reasonably questioned," Gist wrote.

Gist said he filed the denial Tuesday, but clerks said they had not received it until Wednesday.

On April 1, Harris County's District Attorney Pat Lykos asked that Fine be recused after he ruled that the Texas capital murder statute violates due process provisions of the U.S. Constitution.

"A reasonable person, knowing all the circumstances involved, would harbor doubts as to the impartiality of Judge Fine," according to court documents filed by prosecutors.

If Fine rules the same way after hearing arguments on the issue and his ruling survives appellate review, it will take the death penalty off the table for John Edward Green. The 25-year-old Green is accused in the robbery and fatal shooting of Huong Thien Nguyen, 34, on June 16, 2008.

Fine's original ruling drew swift rebukes from Lykos, Texas Attorney General Greg Abbott and Gov. Rick Perry.

(source: Houston Chronicle

phlebbb

In a ruling last month in a capital murder case over which he is presiding, Fine said it is safe to assume that Texas has put innocent people to death. He also questioned whether society, considering the recent history of death row inmate exonerations, can continue to ignore this reality.







One of many problems with letting the good judge continue on this case is the use of the word"assume". Perhaps it is my medical background, where assumptions can get someone killed, but to use it in a legal context, it begs to wonder , if when
the word is broken down into its components  i.e... ASS  U  ME   if this is really a good idea ...dunno   just my 2 cents.... ??? ??? ??? ???
People that think they know it all, annoy the hell out us who actually do ...

Granny B

"A reasonable person, knowing all the circumstances involved, would harbor doubts as to the impartiality of Judge Fine," according to court documents filed by prosecutors."


There is nothing impartial about that judge.  He would prefer a murderer to go free rather than giving him the death penalty he so richly deserves for taking a family man's life in a robbery. >:(
" 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

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