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Va. Judge Dismisses Indictment Vs. Sniper (DC Sniper)
AP ^

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.


TOPICS: Breaking News; News/Current Events; US: District of Columbia; US: Maryland; US: Virginia
KEYWORDS: dcsniper; jihad; johnallenmuhammad; justicedelayed; justicedenied; muhammad; napalminthemorning; sickjoke
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1 posted on 10/01/2004 8:56:52 AM PDT by GulliverSwift
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To: GulliverSwift

WTF? I thought there was NO statute of limitations on murder!


2 posted on 10/01/2004 8:58:33 AM PDT by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: GulliverSwift

Excuse me. There is a statute of limitations on killing FBI agents. Since when. Or is this a leftie judge that hates America


3 posted on 10/01/2004 8:58:44 AM PDT by marty60
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To: GulliverSwift

Since when is there a statute of limitations on murder?


4 posted on 10/01/2004 8:59:22 AM PDT by Unknown Freeper
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To: GulliverSwift

What if they find out he missed a doctor's appointment in 1973?


5 posted on 10/01/2004 8:59:37 AM PDT by VisualizeSmallerGovernment (Question Liberal Authority)
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To: Frank_Discussion
WTF? I thought there was NO statute of limitations on murder!

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.

6 posted on 10/01/2004 9:00:33 AM PDT by WildTurkey
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To: VisualizeSmallerGovernment

Well, then he certainly won't win the presidential election for the Death Row Lily Breeders Association!


7 posted on 10/01/2004 9:00:36 AM PDT by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: GulliverSwift
A they are jailing catholic priests forty years after their crimes? - something is not computing here.
8 posted on 10/01/2004 9:00:44 AM PDT by 2banana (They want to die for Islam and we want to kill them)
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To: GulliverSwift

It means his "right to a speedy trial" was violated, not a statute of limitations case.


9 posted on 10/01/2004 9:01:00 AM PDT by Chad Fairbanks (How do you ask a hamster to be the last hamster to die for a mistake?)
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To: GulliverSwift

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.)


10 posted on 10/01/2004 9:02:20 AM PDT by WeddingPlanner
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To: GulliverSwift

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.


11 posted on 10/01/2004 9:02:55 AM PDT by Tax-chick (Antibiotics, anesthesia, air conditioning ... requirements for civilized life.)
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To: Tax-chick

That is, trial.


12 posted on 10/01/2004 9:03:24 AM PDT by Tax-chick (Antibiotics, anesthesia, air conditioning ... requirements for civilized life.)
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To: GulliverSwift

Another win for the bad guys.


13 posted on 10/01/2004 9:11:51 AM PDT by Mears
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To: Chad Fairbanks

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


14 posted on 10/01/2004 9:12:24 AM PDT by reed13
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To: reed13

I'm not a lawyer either, but I DID stay at a Holiday Inn Express last night...


15 posted on 10/01/2004 9:16:24 AM PDT by Chad Fairbanks (How do you ask a hamster to be the last hamster to die for a mistake?)
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To: GulliverSwift

This cannot be right!

There's no statute of limitations on murder.


16 posted on 10/01/2004 9:38:44 AM PDT by Peach (The Clinton's pardoned more terrorists than they ever captured or killed.)
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To: reed13
Basically a good summary of the difference between 'statute of limitations' and 'speedy trial'. Whether charges could be refiled would depend on the state statute. There are also Constitutional implications

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."

17 posted on 10/01/2004 9:59:27 AM PDT by PAR35
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To: Chad Fairbanks
I'm not a lawyer either, but I DID stay at a Holiday Inn Express last night...

LOL!

18 posted on 10/01/2004 10:04:32 AM PDT by talleyman (The Kerry Sutra - 1001 positions, every one scr*wed...)
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To: Chad Fairbanks
I'm not a lawyer either, but I DID stay at a Holiday Inn Express last night...

Hey, then you are qualified to chase ambulances and make a fortune.

19 posted on 10/01/2004 10:12:37 AM PDT by w1andsodidwe (Jimmy Carter allowed radical Islam to get a foothold in Iran.)
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To: Frank_Discussion

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.


20 posted on 10/01/2004 10:15:34 AM PDT by Teacher317
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