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To: null and void

Unless there was a constitutionally valid death penalty law in effect when the murders took place, there will be no death penalty now if he is convicted as such punishment would be ex post facto.


11 posted on 03/16/2008 8:22:21 AM PDT by uscabjd ( a)
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To: uscabjd
"Unless there was a constitutionally valid death penalty law in effect when the murders took place, there will be no death penalty now if he is convicted as such punishment would be ex post facto."

The death penalty may not have been in effect when Manson was on trial, but it likely was still in effect at the time he committed his crimes.

Not that it matters since virtually no one on death row is ever actually executed in California.

14 posted on 03/16/2008 8:26:58 AM PDT by Hoof Hearted
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To: uscabjd
Unless there was a constitutionally valid death penalty law in effect when the murders took place

Hmmmm. It was overturned by, IIRC, the Ninth District Court of Appeals. His death sentence (and those of many others) was commuted to Life.

The 9th district's decision, like so many of its other bad decisions, was overturned by a higher court. The state was unable (or unwilling?) to reinstate the original penalties.

I'm uncertain how this plays out with newly discovered murders.

No man's Life Liberty or Property are same as long as court is in session.

21 posted on 03/16/2008 8:33:51 AM PDT by null and void (It's 3 AM, do you know where Hillary is? Does she know where Bill is? Does Bill know what 'is' is?)
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To: uscabjd

The death penalty was in effect at the time of the murders. I you recall, Manson was sentenced to death for the Tate-Lobianco murders, but this was later commuted to life by SCOTUS.


46 posted on 03/16/2008 9:13:47 AM PDT by Dionysius (Jingoism is no vice.)
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To: uscabjd
Unless there was a constitutionally valid death penalty law in effect when the murders took place, there will be no death penalty now if he is convicted as such punishment would be ex post facto.

Enlist Senator Frank Lautenberg to take up the case. Ex post facto doesn't mean sh*t to him.

51 posted on 03/16/2008 9:21:23 AM PDT by dbwz (kthxbai)
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To: uscabjd

Was he tried for these particular murders? If not, and since there is no statute of limitations on murder, wouldn’t the penalty options available now, if he were to be tried AND CONVICTED, be in play?


106 posted on 03/16/2008 4:30:49 PM PDT by AFreeBird
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