Pages: 1 [2] 3 4 ... 10

11 -  General Death Penalty / Utah Death Penalty News / Re: Utah Death Penalty News

Started by Jeff1857 - Last post by turboprinz on: September 24, 2014, 08:35:53 AM

Utah Supreme Court rejects condemned killer’s appeal
Ralph Leroy Menzies was convicted and sentenced to die for kidnapping, murder.
Last Updated Sep 23 2014 09:10 pm

The Utah Supreme Court on Tuesday rejected yet another appeal from condemned killer Ralph Leroy Menzies, but the death row inmate could still be years from possible execution.

Menzies was convicted by a jury in 1988 and sentenced to die for the 1986 kidnapping and slaying of Maurine Hunsaker, a 26-year-old mother of three.

Menzies, now 56, had challenged the constitutionality of Utah’s appeals process; claimed that a previous court erred in rejecting several of his motions; and alleged that his former counsel provided ineffective assistance, including at trial, sentencing and on appeal.

"None of Mr. Menzies‘s claims have merit," the Utah Supreme Court wrote at the end of their 85-page opinion issued Monday morning.

The opinion noted that the Utah Supreme Court has previously issued three other opinions in Menzies’ case during the 26 years since he was convicted.

Assistant Utah Attorney General Thomas Brunker said Menzies has 14 days to ask for a review of the state high court’s ruling. Barring that, Utah will ask a federal district court to take up Menzies’ appeal, which he filed several years ago.

After that, Menzies or the state would likely appeal any decision to the 10th Circuit and beyond, pushing back a possible execution date indefinitely.

Menzies, who has maintained his innocence over the years, is one of the remaining inmates who elected to be put to death by firing squad.

"I have, and always will maintain my innocence of the crime I’m on Death Row for," Menzies wrote in a letter in 2003. "I’ve done a lot of things in my life that I’m not proud of and would take back if possible, but killing someone is not one of them!"

In his appeal, Menzies outlined several instances in which he believes his former attorneys — he has been through more than a dozen over the years — failed him.

At trial and through sentencing, he was represented by then-defense attorney Brooke Wells, who is now a federal magistrate judge, and her co-counsel, Frances Palacios.

In his appeal to the Utah Supreme Court, Menzies accused them of failing to properly discredit witnesses, inadequate investigation, creating a conflict of interest by having him sign a liability waiver, being unprepared for the sentencing, not presenting mitigating evidence, hiding evidence of their errors, failing to object to a particular jury instruction involving the standard that a jury find him guilty "beyond a reasonable doubt" and not addressing Menzies’s "alleged organic brain damage."

This question of brain damage, mental health and competence has come up numerous times over the years.

Menzies and his attorneys have argued that had he been allowed to plead guilty but mentally ill — or if a diminished mental capacity had been proven at the time of the crime — the outcome of the case would be different.

But the court ruled Tuesday that is not so.

"Pleading guilty but mentally ill would have no effect on the outcome of this case," the court wrote in its opinion, noting the court could have still imposed the death penalty if he had pleaded in such a way.

Brunker has argued that the only way Menzies could have received a reduction in penalty — or lesser charges — would have been if "when Menzies murdered Maurine ... a mental illness prevented Menzies from understanding that he was killing a person," court documents state.

As Menzies’ case begins to wind its way through the federal system, it will be handled by a New Mexico district court judge.

All eight of Utah’s federal judges recused themselves from the case, citing a conflict of interest given Wells and her prior involvement.

http://www.sltrib.com/sltrib/news/58446184-78/menzies-court-utah-appeal.html.csp

12 -  General Death Penalty / Melissa Lucio / Re: Melissa Lucio Sentenced to Death for Her 2 1/2yr Old Daughter's Murder in Tx

Started by Jeff1857 - Last post by turboprinz on: September 23, 2014, 10:56:38 PM

Mother on death row appeals conviction
Posted: Thursday, January 24, 2013

A Harlingen woman on Texas’ death row convicted of murdering her child in 2007 has exhausted the state appellate process and is now appealing her conviction in federal court.

Melissa Elizabeth Lucio, now 44 years old, was convicted in 2008 of capital murder in state district court in Brownsville in the death of her 2-year-old daughter, Mariah Alvarez. Records show that Lucio has exhausted appeals before the Texas Court of Criminal Appeals.

Her state file is slated to be stored Jan. 31, the record shows.

The federal record states that Senior U.S. District Judge Hilda G. Tagle recently appointed attorney Margaret Schmucker to represent Lucio in federal court in Brownsville.

Lucio, originally from Lubbock County, has been jailed since Feb. 17, 2007, when Harlingen EMS and police went to Lee Street apartment where the child lived after receiving an emergency call of a child in cardiac arrest, according to previous reports. When they arrived, emergency personnel found the child on the floor and not breathing.

According to the Texas Department of Criminal Justice’s report, EMTs also found the child had no vital signs. TDCJ noted that while EMT personnel tried to treat the child, they cut off her shirt and found purple and green bruises on her torso, head, face and right shoulder.

The child was taken to Valley Baptist Medical Center in Harlingen, where she was pronounced dead.

Prosecutors subsequently said that the child died from blunt trauma to the head, and had bruising, bite marks on her back and injuries to her kidneys and liver. Doctors said some of the bruises had been there for weeks.

The child’s father, Roberto Antonio Alvarez, was convicted of causing serious bodily injury to his daughter by failing to provide medical care for her. He was sentenced in November 2009 to four years in prison, although he received credit for time served since his February 2007 arrest.

http://www.valleymorningstar.com/news/local_news/article_8872a190-669c-11e2-9856-0019bb30f31a.html

http://www.plainsite.org/dockets/1isyhnbzk/texas-southern-district-court/lucio-v-stephens/

14 -  General Death Penalty / Darlie Routier / Re: When are they going to kill this baby Killer?

Started by ginnypro - Last post by turboprinz on: September 23, 2014, 10:45:37 PM

On January 29, 2014 Chief Judge of the Western District Fred Biery granted a request from prosecution and defense for the Routier case for further DNA tests vital to the defense to be carried out on a bloody fingerprint found in the house, a bloody sock and Routier's nightgown.

Source: http://en.wikipedia.org/wiki/Darlie_Routier

15 -  General Death Penalty / Oklahoma Death Penalty News / Re: Oklahoma Death Penalty News

Started by heidi salazar - Last post by Grinning Grim Reaper on: September 23, 2014, 02:35:39 PM

Ahhh Gunnery Sergeant Hartman...one of my heroes.  ;D

16 -  General Death Penalty / Oklahoma Death Penalty News / Re: Oklahoma Death Penalty News

Started by heidi salazar - Last post by phlebbb on: September 23, 2014, 12:19:15 PM

Oklahoma lawmaker proposes nitrogen gas for executions


By Heide Brandes
 
(Reuters) - An Oklahoma lawmaker has proposed nitrogen gas as a possible alternative for executing condemned prisoners after an execution in April raised concerns about lethal injection.

State Representative Mike Christian, a Republican, on Tuesday called for a state House committee to study the use of "nitrogen hypoxia" for executions, saying it would be painless for inmates and affordable for Oklahoma.

The process, which would require an inmate to be in a sealed chamber or wear a special mask, would slowly replace oxygen with nitrogen.

"We are a conservative state, and as long as our constituents support capital punishment, we must find a way to carry out executions painlessly and humanely," Christian told Reuters.

Christian said he began researching alternatives to lethal injection after the April execution of Clayton Lockett, in which drugs leaked into his tissue after an IV insertion failed.

Christian initially proposed a firing squad as an alternate method of execution, but said nitrogen asphyxiation would be painless and easier to carry out.

He said a 2008 BBC Horizon documentary about execution helped solidify his opinion about nitrogen gas. In the documentary, former British member of parliament Michael Portillo says that nitrogen could cause death in about 15 seconds, and the prisoner would not feel pain, but a euphoria similar to drunkenness.

Because no IVs or special drug cocktails would be used, Christian said the method is close to foolproof.

Oklahoma's chapter of the American Civil Liberties Union opposes the method.  ;D

"Oklahomans tend to question their government over everything except for executions," said Ryan Kiesel, executive director of the ACLU of Oklahoma. "Inherently, all executions are flawed. There will always be mistakes."

Following the study, Christian said he plans to file a bill introducing the use of nitrogen gas as an execution method in next year's legislative session.

www.reuters.com

A lot of good folks around here have been pushing this for years.  8)



Holy Sheep dip there  Fatman!!!!Maybe , just , maybe , my voice in the woods has been heard....lol ;D ;D ;D ;D ;D


17 -  General Death Penalty / Scheduled Executions / Re: Chadwick Banks - FL - 11/13/2014

Started by turboprinz - Last post by deeg on: September 23, 2014, 11:30:11 AM

Hope the residents of hell are putting extra brimstone on the fire to greet another child murderinig rapist  >:( >:( >:(

Dee

18 -  General Death Penalty / Scheduled Executions / Re: Billy Ray Irick - TN - 10/7/14

Started by Jeff1857 - Last post by Grinning Grim Reaper on: September 23, 2014, 08:36:00 AM


Death row inmates contest Tennessee electric chair law


By Travis Loller, Associated Press 5:49 p.m. CDT September 18, 2014






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Ten death row inmates already challenging Tennessee's lethal injection protocol were permitted by a judge Thursday to amend their lawsuit to include objections to the use of the electric chair.

The General Assembly passed a law earlier this year allowing prisoners to be electrocuted if Tennessee Department of Correction officials were unable to obtain the drug used for lethal injection.

Before that, prisoners could not be forced to die by the electric chair, although they were allowed to choose that method under some circumstances.

The death row plaintiffs say the new law violates the U.S. and Tennessee constitutions.

Among other things, they say it violates evolving standards of decency. (That's a hot one coming from a bunch of convicted murderers.)

They also say that the law is too vague. And they question whether the state's electric chair actually operates as it is supposed to.

Davidson County Chancellor Claudia Bonnyman ruled on Wednesday that the inmates could amend their lawsuit to include the new claims. The original lawsuit challenged the state's new lethal injection protocol, adopted in September 2013. It switched execution from the use of three drugs to just one, pentobarbital.

The switch was a response to legal challenges over the effectiveness of the three-drug mixture and a nationwide shortage of one of the drugs, sodium thiopental. Those issues have effectively prevented any executions in Tennessee for nearly five years.

Billy Ray Irick is scheduled to be executed on Oct. 7 for the 1985 rape and murder of a 7-year-old Knoxville girl he was baby-sitting. Asked whether the state has enough pentobarbital to execute Irick as scheduled, Department of Correction spokeswoman Neysa Taylor said in an email, "We are confident that we will have the necessary chemicals when needed."

Irick is asking the Tennessee Supreme Court to postpone his execution date pending the outcome of the Chancery Court lawsuit.

www.thetennessean.com

19 -  General Death Penalty / Scheduled Executions / Re: Chadwick Banks - FL - 11/13/2014

Started by turboprinz - Last post by Grinning Grim Reaper on: September 23, 2014, 07:31:47 AM

Having already snuffed seven this year, it's good to see Florida get back in the race with Texas and Missouri.

20 -  General Death Penalty / Oklahoma Death Penalty News / Re: Oklahoma Death Penalty News

Started by heidi salazar - Last post by Grinning Grim Reaper on: September 23, 2014, 07:29:14 AM

Oklahoma lawmaker proposes nitrogen gas for executions


By Heide Brandes
 
(Reuters) - An Oklahoma lawmaker has proposed nitrogen gas as a possible alternative for executing condemned prisoners after an execution in April raised concerns about lethal injection.

State Representative Mike Christian, a Republican, on Tuesday called for a state House committee to study the use of "nitrogen hypoxia" for executions, saying it would be painless for inmates and affordable for Oklahoma.

The process, which would require an inmate to be in a sealed chamber or wear a special mask, would slowly replace oxygen with nitrogen.

"We are a conservative state, and as long as our constituents support capital punishment, we must find a way to carry out executions painlessly and humanely," Christian told Reuters.

Christian said he began researching alternatives to lethal injection after the April execution of Clayton Lockett, in which drugs leaked into his tissue after an IV insertion failed.

Christian initially proposed a firing squad as an alternate method of execution, but said nitrogen asphyxiation would be painless and easier to carry out.

He said a 2008 BBC Horizon documentary about execution helped solidify his opinion about nitrogen gas. In the documentary, former British member of parliament Michael Portillo says that nitrogen could cause death in about 15 seconds, and the prisoner would not feel pain, but a euphoria similar to drunkenness.

Because no IVs or special drug cocktails would be used, Christian said the method is close to foolproof.

Oklahoma's chapter of the American Civil Liberties Union opposes the method.  ;D

"Oklahomans tend to question their government over everything except for executions," said Ryan Kiesel, executive director of the ACLU of Oklahoma. "Inherently, all executions are flawed. There will always be mistakes."

Following the study, Christian said he plans to file a bill introducing the use of nitrogen gas as an execution method in next year's legislative session.

www.reuters.com

A lot of good folks around here have been pushing this for years.  8)

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