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Alito casts first vote in Missouri death penalty case - appeal says cruel and unusual punishment
Newsday Inc. ^ | February 1, 2006, 4:22 PM EST | Newsday Inc.

Posted on 02/01/2006 5:26:24 PM PST by Former Military Chick

WASHINGTON -- New Supreme Court Justice Samuel Alito cast his first vote on Wednesday, as the court refused to give Missouri permission to immediately execute a man who killed a teenage honor student.

The court's 9-0 action was procedural, however, because a stay was already set to expire Wednesday afternoon.

Separately, the court acting without Alito rejected Michael Taylor's appeal that argued that Missouri's death penalty system is racist. Taylor is black and his victim was white.

"The death penalty as practiced in the state of Missouri discriminates against African-Americans such as (Taylor), such that it is a badge of slavery," the justices were told in a filing by Taylor's lawyer, John William Simon.

Taylor had won a stay until Wednesday afternoon in a lower court, and Missouri wanted the justices to lift that stay. It was the second time in two days that the Supreme Court had turned down a Missouri request to allow it to proceed with the execution. The Tuesday vote, without Alito's participation, came hours after he won Senate confirmation to succeed Justice Sandra Day O'Connor and took the oath.

Alito was being sworn in again Wednesday at the White House.

Taylor's legal team had pursued two legal challenges -- claiming that lethal injection is cruel and unusual punishment and that his constitutional rights were violated by a system tilted against black defendants.

Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, a pro-death penalty group, said that Taylor had only a long- shot appeal because of federal limits on when courts can hear final pleas from death row inmates.

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


TOPICS: Crime/Corruption; News/Current Events; US: Missouri
KEYWORDS: alito; deathpenalty; deathrow; michaeltaylor; robertscourt; ruling; scotus
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I am very disappointed. This was not by far a good use of his first vote. I know other's will say differently but I disagree.

What's worse, that this guy first used the race card, that failed and his legal team went with the latest, lethal injection is cruel and unusual punishment. Oh and the system is tilted against black denfendants.

Just angry.

1 posted on 02/01/2006 5:26:27 PM PST by Former Military Chick
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To: Former Military Chick

bump...to be watched...


2 posted on 02/01/2006 5:29:36 PM PST by VOA
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To: Former Military Chick
If all you knew was that the appeal claimed that Missouri's death penalty system is racist and that the victim was an honor student - could you predict the race of the Appellant?
3 posted on 02/01/2006 5:30:12 PM PST by Wally_Kalbacken
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To: Former Military Chick

"I know other's will say differently but I disagree."

Hey, it was 9-0.

Pick your battles.


4 posted on 02/01/2006 5:30:41 PM PST by PetroniusMaximus
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To: Former Military Chick

Having just come onto the court I think he should have recused himself since there is no way he could be aware of the facts of the case.


5 posted on 02/01/2006 5:31:00 PM PST by Non-Sequitur
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To: Former Military Chick
claiming that lethal injection is cruel and unusual punishment

OK fine, shoot him.

6 posted on 02/01/2006 5:33:40 PM PST by SouthTexas (2006 will be a very good year.)
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To: SouthTexas

let him go swimming with a concrete block chained to his foot then.

Was it cruel and unusual punishment that his victim endured because it was black on white crime?

His arguement gains no sympathy from me.


7 posted on 02/01/2006 5:38:40 PM PST by o_zarkman44
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To: beaversmom; LaineyDee; RVN Airplane Driver; metesky; spectre; geezerwheezer; TheBattman; ...

PING

I had heard that this was Alito's first vote. That it was unanimous. OK, perhaps this is procedural but frankly I do not think so. The idea that this defense team first can say that their client is being treated unjustly in a system tilted against blacks. When that did not work they then included the issue of cruel and unusual punishment.

Give me a break. Where does this go from here.

At least nobody messes with TX, Elizalde was executed Wednesday for a double slaying. Why did the supreme's reject their appeals, more curious why did they not use the cruel and unusual punishment?


8 posted on 02/01/2006 5:39:14 PM PST by Former Military Chick
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To: Former Military Chick
This was not by far a good use of his first vote. Just angry.

Conservatives Scalia, Thomas, and Roberts voted the same. Angry with them too, or just the Court newbie?

9 posted on 02/01/2006 5:40:52 PM PST by Mr. Mojo
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To: PetroniusMaximus

My battle, folks have been tried and convicted. This is abuse the first bite, race did not work. When Florida won their stay, the guys in Missouri jumped on the wagon.

There is just something wrong.

Battles or not. He did not have to side with the rest. Again, I have to wonder?


10 posted on 02/01/2006 5:41:10 PM PST by Former Military Chick
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To: Former Military Chick

Relax. The thug is going to die and Alito's going to be a great judge.


11 posted on 02/01/2006 5:42:59 PM PST by samtheman
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To: SouthTexas; o_zarkman44

First, Alito did not have to go with the group on this one. This guy admitted to doing the crime.
The system worked for him. Until his lawyers got involved making it a race issue that failed and than they used the latest about cruel punishment.

I am very disappointed in the high court today.


12 posted on 02/01/2006 5:43:25 PM PST by Former Military Chick
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To: Mr. Mojo
...voted the same

Ruled the same, that is.

13 posted on 02/01/2006 5:43:38 PM PST by Mr. Mojo
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To: Former Military Chick
This was not by far a good use of his first vote.

It was 9-ZIP. He voted with Scalia, Thomas, Roberts, ...

14 posted on 02/01/2006 5:44:30 PM PST by AmericaUnited
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To: samtheman

OK, relaxed, but I can be disappointed. He admitted to this. The families have come to terms that they finally can see justice carried out and they get this.

I feel for them. I am mad at the abuse, that his defense team was fishing for a stay and Florida helped them find it.

BTW, when do you think he will finally face his punishment?

Thanks for the comment.


15 posted on 02/01/2006 5:45:16 PM PST by Former Military Chick
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To: Former Military Chick
OK, perhaps this is procedural but frankly I do not think so.

It is entirely procedural. This is the kind of case that the dems tried over and over to use against Justice Alito. It is not outcome based. This is the biggest nothing in the world. And yes, I am a lawyer.

16 posted on 02/01/2006 5:46:52 PM PST by Bahbah (An admitted Snow Flake and a member of Sam's Club)
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To: Mr. Mojo

Mr. Mojo, yes disappointed in them all. I just have to wonder what it is that moved them on this issue?

What after all these years makes this a compelling argument for their review. That put's into limbo several executions that many victim's family were finally going to be able to see justice carried.

Thank you for asking this, it is important to ask such a question.


17 posted on 02/01/2006 5:47:30 PM PST by Former Military Chick
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To: Former Military Chick

Supreme Court Justice Samuel Alito....I just like saying it.


18 posted on 02/01/2006 5:47:51 PM PST by TheDon (The Democratic Party is the party of TREASON!)
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To: AmericaUnited

I suppose I should have been a bit more clear I am upset with them all. Just wondering why they chose this to take issue with or frankly in the end against.

They knew that these guys were trying for anything, race etc. They knew he admitted to the crime.

I just have to say, knowing what I know, I would have no difficulty allowing the execution to have gone forward.

Thanks for the comment.


19 posted on 02/01/2006 5:49:44 PM PST by Former Military Chick
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To: TheDon

I have no doubt that he will be an excellent Justice. I just wonder what compelled his vote today.


20 posted on 02/01/2006 5:50:22 PM PST by Former Military Chick
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