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Appeals court throws out order blocking serial killer's execution, but OKs brief delay
AP ^ | 1/28/5 | JOHN CHRISTOFFERSEN

Posted on 01/28/2005 10:34:23 AM PST by SmithL

NEW YORK (AP) --

A federal appeals court on Friday lifted a restraining order that prevents Connecticut from executing serial killer Michael Ross, but said the state would still have to wait until his father goes to the Supreme Court.

The ruling makes it likely that New England's first execution in 45 years, which state officials had scheduled for early Saturday, will be delayed at least a day, Attorney General Richard Blumenthal said. But he hailed the court's underlying finding.

"I am satisfied and pleased that the rule of the law has been upheld and that a lawful conviction and sentence can proceed," he said after the ruling.

Ross, who has confessed to killing eight women, fired his attorneys last year and is seeking to have his execution go forward. But his father, Dan Ross, and public defenders in the state have waged a court battle to spare his life, saying he was mentally incompetent to waive his appeals. The case drew widespread attention because no New England state has put anyone to death since 1960.

In throwing out a lower court's temporary restraining order, the appeals court said in could find no case law that establishes the right of relatives of a condemned inmate to challenge the death sentence on their own behalf.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: Connecticut
KEYWORDS: activistjudges; execution
He's breathed too long.
1 posted on 01/28/2005 10:34:24 AM PST by SmithL
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To: SmithL

Yeah Baby!!! This was a ridiculous turn of events. A weasel Federal Judge (appointed by Willy) issued a stay, the secound Court of Appeals upheld and the SCOTUS overturned. Thanks god!!!! Goodbye Michael Ross!!!


2 posted on 01/28/2005 10:36:51 AM PST by Pondman88
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To: SmithL
Cereal killer?


3 posted on 01/28/2005 10:38:15 AM PST by ambrose (.)
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To: SmithL

Kinda funny too that Rat AG Bluemnthal has his finger in the wind and wholehearteldy went after this appeal. In a recent poll 70% of Ct residents want scumbag Ross offed. Blumenthal has his eye on the Governorship, which makes me shudder.


4 posted on 01/28/2005 10:39:29 AM PST by Pondman88
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To: Pondman88
Remember, the public defenders and Ross' parents are using similar arguments to the arguments that Theresa (Terri) Schiavo's parents are using in the Florida case, i.e. that they speak for mentally incompetent children.
5 posted on 01/28/2005 10:49:57 AM PST by blue-duncan
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To: blue-duncan

Schiavo didn't do anything to deserve here state. Ross did.


6 posted on 01/28/2005 11:14:04 AM PST by Sterm26 (Blue State Captives unite!!)
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To: SmithL

Agreed. He's never been 'mentally competent' if he's murdered that much. Let him die and get what he deserves.


7 posted on 01/28/2005 11:56:40 AM PST by republicanequestrian
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To: Sterm26
That's not the point. Courts rely on precedent and when a liberal court can find a precedent they can strain to get to the position they want, they stretch without embarrassment. The fine legal point of permitting Terri's parents argue on her behalf, opens the door for Ross's parents to argue on his behalf. The common thread is the mental incapability. It's not to say Ross does not deserve what he is going to get, but it opens the door to more endless delays.
8 posted on 01/28/2005 12:17:01 PM PST by blue-duncan
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To: Pondman88

I heard Blumenthal on the WPLR morning show on Monday (I think) and he was resounding in his support for having Michael Ross executed promptly. When so many potential Dem voters want Ross to be executed, Blumenthal is no fool - he'll go after it.

He's going for Governor, that's for sure...ugh.

At least Ross will wind up dead. I still think the families of his victims should be allowed to have at him in a locked room, preferably with various blunt objects.


9 posted on 01/28/2005 12:57:00 PM PST by Rubber_Duckie_27
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To: SmithL; pc93

Why the irony when this creep wants to die and the liberals courts force him to stay alive, when Terry Schiavo wants to live, and the courts are forcing her to die.


10 posted on 01/28/2005 2:02:45 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: Pondman88
Kinda funny too that Rat AG Bluemnthal has his finger in the wind and wholehearteldy went after this appeal. In a recent poll 70% of Ct residents want scumbag Ross offed. Blumenthal has his eye on the Governorship, which makes me shudder.

I wish Lieberman would run.

11 posted on 01/28/2005 2:03:19 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: ClintonBeGone
Which is exactly why I want Marbury V Madison abolished. The end of judicial meddling will put a lot of liberal lawyers out of work.

Denny Crane: "I want two things. First God and then Fox News."

12 posted on 01/28/2005 2:34:41 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
Which is exactly why I want Marbury V Madison abolished. The end of judicial meddling will put a lot of liberal lawyers out of work.

Well then, which branch of government would be best at interpreting the law?

13 posted on 01/28/2005 6:28:16 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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