Posted on 06/24/2004 11:47:58 AM PDT by presidio9
ALBANY, N.Y. -- The state Court of Appeals has overturned the death sentence of Stephen LaValle and, in the process, has invalidated the state's death penalty.
The court, in a 4-3 decision, ruled that the law's deadlock instruction violates the state constitution. The law requires juries to be told that if they cannot unanimously agree on a sentence of death or life without parole, the defendant will receive a sentence that includes the possibility of parole. The court said that instruction could coerce jurors into imposing a death sentence they felt was inappropriate to prevent the defendant from ever being freed.
Until the state legislature fixes this instruction, the court said the death penalty may not be imposed. The decision did not address the fate of the remaining three men on Death Row -- Robert Shulman and Nicholson McCoy from Suffolk and John Taylor from Queens -- but legal observers said they expect those death sentences to be thrown out, as well.
LaValle was convicted of first-degree murder in 1999 for the death of teacher Cynthia Quinn, who was killed on May 31, 1997 in Yaphank as she was jogging.
(Excerpt) Read more at newsday.com ...
Typical - not that NY would ever use it anyway.
It's actually JUDICIAL REVIEW that's unconstitutional!!!
Stupid courts.
I love my state. I love my senators. I love my governor. Did I leave anyone else out?
Well, yeah.
me
Out of control judicial system ping
Better to get rid of the death penalty because it'll never be used. The establishment has more important things to do like prosecute military veterans protecting their children from invaders,etc.
What makes this decision idiotic is that the specific purpose of the instruction was to make sure the jurors understood that the defendant wouldn't automatically be freed (i.e., he would serve a life sentance) if they couldn't agree on a capital sentence.
It's no big deal, really. As someone else pointed out, the Sisters of Charity will execute someone before the State of New York ever does.
Do you have a democrat House rep too like I do? If so, you left that out.....
For unborn babies but never for convicted murderers.
Gross. I thought you were a NYer.
I am. Resistance is futile. No use fighting! Maybe it was Schumer's boring speech that got to me.
I got the triple threat... Carolyn McCarthy who I hope my mayor James Garner can unseat.
Sounds like more legislating from the bench. "It's our way or the highway."
Eee gads. But I'd say we are both about equally in deep doo dah......On the other hand, we could be in Taxichuessets.
Just one more reason why I wish the red bits of NYS would secede from the blue bits. We need our own state, darn it!
The perp was convicted of 1st degree murder of a jogger. NY Court of Appeals reminds a person of SCOTUS. The complete judicial system should be overhauled and automated. Replace judges with AI. Start with SCOTUS. Imagine the savings. All the system needed would be to program sentencing as the laws were passed.
You're right...imagine being under Ted Kennedy (sorry couldn't resist! LOL)
Is the jury instruction true? If the jury fails to vote unanimously for Death or Life Without Parole, is it possible the criminal may get parole sometime in the future?
If this is, in fact, true, what is the harm in letting the jury know the facts?
I'm not a death penalty supporter, but this decision is just silly!
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