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Supreme Court Declines to Block Execution of Washington Sniper
New York Times ^ | November 9, 2009 | David Stout

Posted on 11/09/2009 2:41:06 PM PST by La Lydia

WASHINGTON — The Supreme Court on Monday declined to block the execution of John A. Muhammad, the sniper who terrorized the Washington area seven years ago. The step cleared the way for Mr. Muhammad to be put to death on Tuesday unless Gov. Tim Kaine of Virginia intervenes. The court did not comment in refusing to hear Mr. Muhammad’s appeal, but three justices objected to the relative haste accompanying the execution.

Justice John Paul Stevens complained that “under our normal practice,” Mr. Muhammad’s petition for the court to take his case would have been discussed at the justices’ conference scheduled for Nov. 24. But because Virginia scheduled the execution for Tuesday, the judicial process was rushed, Justice Stevens said in a statement joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor....

The United States Court of Appeals for the Fourth Circuit, in Richmond, Va., upheld the death sentence three months ago. In rejecting Mr. Muhammad’s appeal, that federal panel said it was “unable to find reversible error in the conclusions of the state and district courts.”

Unless Va. Governor Mr. Kaine stops the execution, Mr. Muhammad, 48, will be given a lethal injection on Tuesday night ...

Mr. Kaine has promised to review Mr. Muhammad’s request, but has signaled that he is not inclined to intervene. “I know of nothing in this case now that would suggest that there is any credible claim of innocence or that there was anything procedurally wrong with the prosecution,” Mr. Kaine said several weeks ago during his monthly call-in radio show.

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; US: District of Columbia; US: Maryland; US: Virginia
KEYWORDS: dcsniper; deathrow; islam; kaine; princewilliamco; ruling; scotus; terror; timkaine; violence; virginia
Relative haste! Not enough haste if you ask me. And score one for Virginia: After the Fourth Circuit ruled against Mr. Muhammad in August, Muhammad's lawyer whined that Virginia had the shortest average time from conviction to execution of any state. We're number 1.
1 posted on 11/09/2009 2:41:08 PM PST by La Lydia
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To: La Lydia

What amazes me is how the news media gives him credibility calling him MR.


2 posted on 11/09/2009 2:42:45 PM PST by ronnie raygun (Leaders who refuse to lead will be lead by the people)
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To: ronnie raygun

NY Times editorial policy is calling everyone Mr. or Ms.


3 posted on 11/09/2009 2:44:14 PM PST by Borges
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To: ronnie raygun

That would be your Associated Press Style Book talking. They call Hitler “Mr. Hitler.”


4 posted on 11/09/2009 2:44:21 PM PST by La Lydia
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To: La Lydia
This is a very long shot. Expect a last minute PRESIDENTIAL PARDON. Justification: none of your business.

Welcome to the reality of National Socialist Government.

5 posted on 11/09/2009 2:47:18 PM PST by Broker (Sharpen the knife.)
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To: La Lydia

Anybody think Bambi might intervene and commute the sentence? I don’t think he’d dare to do this, but you never know.


6 posted on 11/09/2009 2:48:53 PM PST by livius
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To: La Lydia

Be glad you have “haste” when it comes to executions. Here in PA, in theory we have the death penalty, but in reality, most of these bums live out their lives behind bars...at taxpayer expense of course.


7 posted on 11/09/2009 2:49:59 PM PST by fatnotlazy
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To: La Lydia

I’ll bet I can name the 3 justices!


8 posted on 11/09/2009 2:50:05 PM PST by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: La Lydia
The SC doesn't want to be lynched.

Soda-mayer was whining that she just got on the court and was too young and too good looking to be lynched!

9 posted on 11/09/2009 2:51:00 PM PST by Logic n' Reason (If you always do what you always did, you'll always get what you always got.)
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To: La Lydia
Dear Mo'

You picked a bad week to be looking for mercy.

10 posted on 11/09/2009 2:51:39 PM PST by Paladin2
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To: livius

He hasn’t issued any pardons or commutations yet. Only Washington, Adams, Clinton and Bush Jr. waited this long.


11 posted on 11/09/2009 2:56:50 PM PST by Borges
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To: La Lydia
"Although 6 of the 10 sniper killings of October 2002 took place in Maryland’s Montgomery County, the United States attorney general at the time, John Ashcroft, decided that Mr. Muhammad and Mr. Malvo would be prosecuted in Virginia because it imposes the death penalty far more often than Maryland does."

I miss John Ashcroft.

12 posted on 11/09/2009 2:57:58 PM PST by Artemis Webb
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To: Artemis Webb

Ashcroft 2012.


13 posted on 11/09/2009 3:00:46 PM PST by HokieMom (Pacepa : Can the U.S. afford a president who can't recognize anti-Americanism?)
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To: livius

No. This bastard (not Zero) killed children. You don’t pardon people like that, ever.


14 posted on 11/09/2009 3:00:46 PM PST by Niuhuru (The Internet is the digital AIDS; adapting and successfully destroying the MSM host.)
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To: Broker

The President can’t pardon him. He was convicted in a state court under state law. They were able to appeal to the Supreme Court, but the person who would have to pardon (actually commute the death penalty) him is Gov. Kaine.


15 posted on 11/09/2009 3:02:12 PM PST by La Lydia
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To: Borges
NY Times editorial policy is calling everyone Mr. or Ms.

Leading to occasionally idiotic journalistic consequences such as the time they were forced to refer to Meatloaf as "Mr. Loaf." Pitying the PC denizens of the newsroom, the erstwhile Mr. Loaf has since added the last name "Aday."

16 posted on 11/09/2009 3:02:45 PM PST by FredZarguna (It looks just like a Telefunken U-47. In leather.)
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To: La Lydia
Good point on the "relative haste".

The Supreme Court on Monday declined to block the execution of John A. Muhammad, the sniper who terrorized the Washington area seven years ago ... three justices objected to the relative haste accompanying the execution.

17 posted on 11/09/2009 3:04:03 PM PST by TurtleUp ([...Insert today's quote from Community-Organizer-in-Chief...] - Obama, YOU LIE!)
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To: La Lydia

He can pardon anyone for anything.


18 posted on 11/09/2009 3:05:08 PM PST by steveo (2010 never again)
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To: Artemis Webb

Do you think Hasan will get the needle here in TX?

I expect him to, but we don’t have Ashcroft anymore to let us fry him here.


19 posted on 11/09/2009 3:08:19 PM PST by txhurl (It's only a matter of time before FreeRepublic has this fraud's scalp on our lodge pole.)
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To: Broker
This is a very long shot. Expect a last minute PRESIDENTIAL PARDON. Justification: none of your business.

The President cannot pardon or commute a state-court sentence.

20 posted on 11/09/2009 3:10:44 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: La Lydia

Somehow on Tuesday evening I don’t think Mr. Muhammad will find himself in the company of 72 virgins.


21 posted on 11/09/2009 3:11:34 PM PST by The Great RJ ("The problem with socialism is that you eventually run out of other people's money." M. Thatcher)
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To: steveo; livius

The president can only pardon, or commute the sentences of, people convicted in federal court. The President can’t pardon someone convicted in state court.


22 posted on 11/09/2009 3:12:05 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: La Lydia

Awh!


23 posted on 11/09/2009 3:12:22 PM PST by Vendome (Don't take life so seriously... You'll never live through it.)
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To: La Lydia
Hey he only shot white people that should rate a presidential pardon from the WH with Mrs Kenyan yelling the loudest.
24 posted on 11/09/2009 3:13:34 PM PST by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: steveo

Not so. In the United States, the pardon power for federal crimes is granted to the President of the United States under Article II, Section 2 of the United States Constitution states that the President “shall have power to grant reprieves and pardons for offenses against the United States,” except in cases of impeachment. That is, the pardon power of the President extends only to offenses committed in violation of federal law, not state law. The Sniper was charged, tried and convicted in a state court under state law. Ashcroft did a great job on that one. If you want an example of how that works, look to the case of Carla Faye Tucker. Clinton would have pardoned her, but he didn’t have the authority.


25 posted on 11/09/2009 3:16:12 PM PST by La Lydia
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To: Cheetahcat

No, he shot black people, too.


26 posted on 11/09/2009 3:16:55 PM PST by La Lydia
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To: La Lydia
No, he shot black people, too.

Oh OK equal opportunity Hater.

I stand corrected.

27 posted on 11/09/2009 3:36:00 PM PST by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: Cheetahcat

If it makes you feel any better, he got an Hispanic, too.


28 posted on 11/09/2009 3:37:59 PM PST by La Lydia
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To: La Lydia

OK Obama can’t pardon him yet just the concept he might from various sources is a measure that nothing from him would surprise anyone. Our National Socialist Dictator or just Oligarch in Chief.


29 posted on 11/09/2009 3:41:13 PM PST by Broker (Sharpen the knife.)
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To: Broker

Oh, I am confident BO would pardon him (commute his death sentence) if he could. He just doesn’t have the authority. It probably kills him that he can’t do anything about it.


30 posted on 11/09/2009 3:44:09 PM PST by La Lydia
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To: La Lydia

Can’t Baraq appoint him a “czar” or something?


31 posted on 11/09/2009 3:46:31 PM PST by nascarnation
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To: nascarnation

Perhaps the “czar of the dead.”


32 posted on 11/09/2009 3:52:12 PM PST by La Lydia
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To: txhurl
Do you think Hasan will get the needle here in TX?

No, absolutely not.

The U.S. Disciplinary Barracks are at Fort Leavenworth, Kansas (where the military death row is).

I expect him to, but we don’t have Ashcroft anymore to let us fry him here.

Ashcroft, as US Attorney General, did not prosecute military cases. There is no reason to believe that the federal government will attempt to try this outside of the military system.

Should this person get the death penalty, though, the president would confirm the sentence.

33 posted on 11/09/2009 4:00:06 PM PST by mountainbunny (Mitt Romney: Would you buy a used car from this huckster?)
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To: txhurl
I can't imagine that this won't be a military trial. The perp was enlisted. The victims were enlisted. The murders took place on a military base. I would think this is a clear cut issue but based on what I'm reading that's debatable.
34 posted on 11/09/2009 4:02:15 PM PST by Artemis Webb
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To: La Lydia

“If it makes you feel any better, he got an Hispanic, too.”

No that was not the point it was what his little buddy said about shooting whites.


35 posted on 11/09/2009 4:26:36 PM PST by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: SWAMPSNIPER

Stevens, Ginsburg, and Sonia Sotomayor were the three liberals who objected to the swift execution. Well, this gives us another clue that Sonia will be very very liberal on the Supreme Court..............


36 posted on 11/09/2009 4:53:19 PM PST by Dilbert San Diego
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To: Dilbert San Diego

I guess he didn’t kill any Puerto Ricans!


37 posted on 11/09/2009 6:14:25 PM PST by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: Artemis Webb; mountainbunny

But there is Munley, a Texan, involved.

Texas will have his ass, as he almost took down one of ours as she took him down.


38 posted on 11/09/2009 8:30:11 PM PST by txhurl (It's only a matter of time before FreeRepublic has this fraud's scalp on our lodge pole.)
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To: La Lydia

I can just picture Obama:

Obama: So those typical right-wing honkies think they can execute the DC sniper, huh? Well, I’m not going to let a brother die. I’m pardoning him.

Aide: Sir, you can’t do that. The Constitution doesn’t give you the authority to pardon people convicted under state law.

Obama: (stamping his little feet) Waaahhh! God damn the Constitution! God damn America! Just like my eternal friend and mentor Jeremiah Wright says! I wish this country was more like Kenya or Zimbabwe, without all this pesky checks and balances crap. Waaahhh! (stamping his little feet again)


39 posted on 11/10/2009 1:43:50 AM PST by JillValentine (Anyone who still has that stupid 'Coexist' bumper sticker is spitting on the dead at Ft. Hood.)
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To: livius
Actually the POTUS (or TOTUS) cannot intervene in criminal matters that involve convictions in State court. He can only use pardons or commutations in federal cases. That is a little known fact. Your point is well taken however.

It will come as a shock to Bambi too when he finds that out one day.

40 posted on 11/10/2009 3:01:02 PM PST by Clump (the tree of liberty is withering like a stricken fig tree)
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To: Borges

The loser was convicted in the Virginia court system of a crime under state law. It ain’t Obambi’s call.


41 posted on 11/10/2009 3:05:56 PM PST by Mr. Lucky
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