Posted on 10/01/2004 8:56:51 AM PDT by GulliverSwift
5 minutes ago
FAIRFAX, Va. - A judge dismissed an indictment Friday against convicted sniper John Allen Muhammad, ruling that the state waited too long to try him for capital murder in the death of an FBI (news - web sites) analyst who was shot in a store parking lot.
Muhammad is already on Virginia's death row for one of the killings in the October 2002 sniper shootings in the Washington area.
WTF? I thought there was NO statute of limitations on murder!
Excuse me. There is a statute of limitations on killing FBI agents. Since when. Or is this a leftie judge that hates America
Since when is there a statute of limitations on murder?
What if they find out he missed a doctor's appointment in 1973?
There is none. However, this he ruled that the delay between indictment and trial was too long. I didn't research this but I would guess that they could refile the charges.
Well, then he certainly won't win the presidential election for the Death Row Lily Breeders Association!
It means his "right to a speedy trial" was violated, not a statute of limitations case.
Is there a statue of limitations on removing stupid judges? Perhaps liberal keepers of justice have a different law book than others. (Sorry for the oxymoron.)
So he's already on death row ... unless another conviction would increase the odds of a speedy execution (sigh), then the state will save some money not holding another try.
That is, trial.
Another win for the bad guys.
You are correct!
Not a lawyer, but had to do legal preps in the past - including writing and processing charges.
There are 2 different time clocks. One is from date that the incident occurred - statute of limitations.
2nd is speedy trial which varies by state and federal - but is typically (and I'm reaching in memory land here) about 30-60 days from the time the charges are first proferred until the first court appearance on those charges.
I do believe that the charges can be retracted and refiled - this restarts his defense preparation clock - but if he has multiple death penalties I imagine it will be easier to "close his case". TMK
In addition, I imagine this is in another jurisdiction where the case is still open, provides closure to the family involved, and should any appeals be filed later will make any attempts to release him that much more difficult. IMHO
I'm not a lawyer either, but I DID stay at a Holiday Inn Express last night...
This cannot be right!
There's no statute of limitations on murder.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
LOL!
Hey, then you are qualified to chase ambulances and make a fortune.
6th Amendment... Speedy Trial... witness memories fade, the accused sits "under the gun" of the prosecutor for too long, ability to mount a proper defense diminishes, etc.
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