Question about appeals

[heidi salazar]

In Virginia, once the 4th Circuit denies, the denial goes to the AG ( Attorney General) who then sends a request for an execution date to the sentencing Circuit Court Judge, who issues a date no later than 60 days after the 4th Circuits denial. Virginia also issues an execution date before the condemned files their last appeal before the United States Supreme Court, which tends to hurry things along.

In reality Cema77,  the death penalty in the US is a complicated process and should be addressed on a state to state basis. 

[Gregg Fisher]

Huh. I thought the DA had to request it.  Guess not:

922.052  Issuance of warrant of execution.--

(1)  When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and sentence, and the sheriff shall send the record to the Governor. The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.

http://www.floridacapitalcases.state.fl.us/

[heidi salazar]

Huh. I thought the DA had to request it.  Guess not:

922.052  Issuance of warrant of execution.--

(1)  When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and sentence, and the sheriff shall send the record to the Governor. The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.

http://www.floridacapitalcases.state.fl.us/

Umm..I was talking about Virginia. Florida falls under the 11th Circuit. Did I miss read the question? I thought is was about the appeals process in general 

[Gregg Fisher]

No, I was referring to my previous comment regarding Florida death warrants. 

[heidi salazar]

So I guess we have Virginia and Florida covered! 

[Cema77]

Admittedly I don't know everything about Florida law and the death warrant process.

[Cema77]

Huh. I thought the DA had to request it.  Guess not:

922.052  Issuance of warrant of execution.--

(1)  When a person is sentenced to death, the clerk of the court shall prepare a certified copy of the record of the conviction and sentence, and the sheriff shall send the record to the Governor. The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.

http://www.floridacapitalcases.state.fl.us/

Umm..I was talking about Virginia. Florida falls under the 11th Circuit. Did I miss read the question? I thought is was about the appeals process in general 

Actually it was about the appeals process in general. .......I just got off topic and highjacked my own thread. I'm sorry, I tend to ramble at times.

[14dp]

I think the governors should stay out and not be allowed to meddle in the judicial process at any stage, including the execution itself.    Or the judges should be able to legislate.   

Oops, they already do if a law doesn't fit their liberal agenda.   

[heidi salazar]

IT is what IT is ...and in the states that regularly execute the governor is behind all scheduled executions aside from his personal beliefs. The governor governs the state. 14dp who do you want to have the last say on who is executed or not? Our commander in chief? 

[14dp]

Who do you want to have the last say on who is executed or not?

The United States or a state Supreme Court.  And nobody else. 

All those who are open and likely to respond to political pressures should be excluded by law.   I will venture to say the governors would be glad to be relieved of this dubious honor of deciding who lives or dies.  Would you want to do it once a month like in Texas?

Notice that the Popes or the PTO crazies never write to the US Supreme Court because they know it would be so impoper and insulting that their efforts could very likely be counter-productive.   Insulting or not, they also know that it would be a complete waste of the postage stamp and the effort as judges are known to value their independence more than anything else.   

Instead, Popes and other anti-dp activists go for the soft targets like the governors and the parole boards.     

Except for the juries, I do not want anybody's, and especially the politicians', conscience come into play at any stage of the process.   The time to do it was during a debate preceeding a bill being signed into law.     

I

[heidi salazar]

Good points there 14dp. I can't complain Gov. McDonnell was the AG for Virginia. He is tough on crime and just recently signed a bill expanding the death penalty.

[14dp]

Then the Virginians should feel lucky.   

Nice to hear from you, Heidi. 

[Cema77]

I have no idea why I assume he is dragging his heels. I am extremely sorry I even mentioned it.

[Gregg Fisher]

I have no idea why I assume he is dragging his heels. I am extremely sorry I even mentioned it.

Don't be sorry. You assumed what many people assume.  And he may very well be the cause of the delay - and then he may not.  Florida has excellent websites that provide a ton of information and the current status of inmates, but they are not always easy to decipher and you're always going to find "black holes."

[Cema77]

Sorry, I am feeling a little punchy since I got into a huge fight on another board with a poster who loooooooves Charlie Crist.

I find many of the Florida information type websites very frustrating, it's difficult to find anything other than basic information., particularly if you are looking for info on a specific inmate. IMHO, there are just simply too many DR inmates(not just in Florida but every state that has the DP, Texas excepted) who have exhausted their appeals yet still sit on the row, wasting tax payer money. If all it takes is a signature by the governor, well, what's the issue? I am sure it isn't as simple as that.