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11 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by deeg on: April 16, 2014, 04:47:59 PM

More accurately: the  offender is clearly smart enough to fake his IQ scores.   :P

12 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by phlebbb on: April 16, 2014, 04:47:14 PM

HUNTSVILLE, Texas (AP) — The U.S. Supreme Court has refused to halt the scheduled execution of a man convicted of killing three members of a Corpus Christi family.

The high court, on a 5-4 vote, rejected arguments from attorneys for Jose Villegas who said the 39-year-old is mentally impaired and ineligible for the death penalty.

The ruling came Wednesday about 30 minutes after a six-hour window opened for Villegas' lethal injection for the fatal stabbings 13 years ago of his ex-girlfriend, her 3-year-old son and her mother.

Villegas' lawyers contended testing in February showed he had an IQ of 59, below the IQ of 70 that courts have embraced as a threshold for mental impairment. State attorneys disputed the test result and called it a late attempt to delay the punishment.

13 -  Chat Notices / Chat Notices / Re: Jose Luis Villegas

Started by phlebbb - Last post by time2prtee on: April 16, 2014, 04:29:13 PM

Sorry Phlebb_bot, I am away from home and cannot seem to get on....Lee

14 -  Chat Notices / Chat Notices / Jose Luis Villegas

Started by phlebbb - Last post by phlebbb on: April 16, 2014, 03:56:22 PM

Just me and the bot waiting on the "word"....join us .....

15 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by time2prtee on: April 16, 2014, 02:15:49 PM

Yep...would be really really hard to fake an IQ test....

http://www.chron.com/news/texas/article/Lawyers-ask-high-court-to-stop-Texas-execution-5407453.php

Lawyers ask high court to stop Texas execution
By MICHAEL GRACZYK, Associated Press | April 16, 2014 | Updated: April 16, 2014 1:53pm

HUNTSVILLE, Texas (AP) — The U.S. Supreme Court is considering whether claims of mental impairment should keep a convicted killer from execution Wednesday evening for the slayings of three members of a Corpus Christi family.

Attorneys for Jose Villegas filed a last-day appeal asking the high court to stop his lethal injection, saying testing in February showed he had an IQ of 59. They said it was "a score clearly indicating" mental impairment that could make him ineligible for the death penalty.

Villegas, 38, has been scheduled to die for the fatal stabbings 13 years ago of his ex-girlfriend, her 3-year-old son and her mother. Villegas would be the seventh prisoner executed this year in Texas, the nation's most active death penalty state.

The Supreme Court has prohibited execution of mentally impaired people, although states have been allowed to devise procedures to make their own determinations. Courts also have embraced scientific studies that consider a 70 IQ a threshold for impairment, and the high court justices are reviewing a Florida law stipulating that number for death penalty eligibility.

The Texas Court of Criminal Appeals, the state's highest criminal court, voted 6-3 Monday to reject Villegas' appeal as improper and wouldn't consider the merits of the arguments.

Villegas' lawyers argued to the Supreme Court that the Texas court "has candidly disavowed the established diagnostic criteria" and is deliberately using unscientific standards to narrow the number of prisoners who can cite mental impairment as a reason to keep them from execution.

16 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by Grinning Grim Reaper on: April 16, 2014, 12:27:54 PM

And the ambulance chasers go to SCOTUS...


No. 13-9715      *** CAPITAL CASE ***   

Title:  Jose Luis Villegas, Petitioner v. Texas
 
Docketed: April 16, 2014
Linked with 13A1036
Lower Ct: Court of Criminal Appeals of Texas

~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Apr 15 2014 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. 
Apr 15 2014 Application (13A1036) for a stay of execution of sentence of death, submitted to Justice Scalia. 
Apr 16 2014 Brief of respondent Texas in opposition filed. 
 
www.supremecourt.gov

17 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by Grinning Grim Reaper on: April 16, 2014, 11:16:36 AM

And the TCCA officially flushes a turd...

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

EX PARTE JOSE LUIS VILLEGAS ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION TO STAY THE EXECUTION FROM CAUSE NO. 01-CR-0196-G IN THE 319 JUDICIAL TH DISTRICT COURT NUECES COUNTY

KELLER, P.J., filed a concurring opinion joined by KEASLER, HERVEY, and COCHRAN, JJ. PRICE, JOHNSON, and ALCALA, JJ., dissented.

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.  In May 2002, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant’s punishment at death. This Court affirmed applicant’s conviction and sentence on direct appeal.

Applicant’s subsequent application was filed in the trial court on April 8, 2014.

Applicant presents a single allegation in his application. Specifically, he asserts that his execution would violate the United States Supreme Court’s opinion in Atkins v. Virginia, 536 U.S. 304 (2002), holding that the Eighth Amendment prohibits the execution of the mentally retarded.

We have reviewed the application and find that applicant has failed to satisfy his threshold burden on his claim of mental retardation.  Accordingly, we dismiss the application as an abuse of the writ without considering the merits of the claim, and we deny his motion to stay his execution.

18 -  General Death Penalty / Scheduled Executions / Re: Charles Frederick Warner - OK - 4/29/14

Started by Grinning Grim Reaper - Last post by ChevyWolken on: April 16, 2014, 10:02:58 AM

That's exactly the point.How good life in prison, even on death row, has to be, when they still
fight for their lives there with stupid appeals without a chance for gaining freedom . Maybee they should make their life circumstances a little less comfortable, some are really gettin fat in prison while working people sometimes don't get enough money for food with honest work.  >:(       

19 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by ChevyWolken on: April 16, 2014, 09:40:04 AM

Al his actions before, during and after the brutal crimes against two woman and a child don't show he was mentally impaired, but a prime example for DP  :-\ GO TEXAS  :(

20 -  General Death Penalty / Executed Offenders (Graveyard) / Re: Jose Luis Villegas - TX - 4/16/14

Started by Jeff1857 - Last post by Grinning Grim Reaper on: April 16, 2014, 08:59:26 AM

The Texas Court of Criminal Appeals refused Monday to halt the punishment and lawyers for Villegas said they would take their appeal to the U.S. Supreme Court.

The ambulance chasers have yet to go to SCOTUS...probably waiting until the last minute in hopes that the death warrant will expire.

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