Federal appeals court in San Francisco overturns an estimated 100 death sentences.

CNN ^

[jern]

Federal appeals court in San Francisco overturns an estimated 100 death sentences. Watch CNN or log on to http://CNN.com (AOL Keyword: CNN) for the latest news.

[Catspaw]

I haven't slogged through all 90 pages of Summerlin v. Stewart, but the link to the case at the 9th circuit is below:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C9D33A3EF8BC665C88256D95005BFD72/$file/9899002.pdf?openelement

[TheDon]

"I'm dumb"

From the mouth of babes.

[Peach]

And you I see are as rude, crude and clueless as your screen name.

[Michael.SF.]

Nice tag line.

[Peach]

Thank you!

[TheErnFormerlyKnownAsBig]

I guess it's impossible to reconstitute the jury and resentence these scum dogs.

[TheDon]

And you engage in a great deal of projection. ;^)

[mdittmar]

"In Ring v. Arizona, the Supreme Court ruled that a jury, rather than a judge, must make a finding of "aggravating factors" where those factors underlie a judge's choice to impose the death penalty rather than a lesser punishment."

[evad]

the prisoner will never get paroled...

Yeah...and he'll NEVER escape.
That NEVER happens.

[Sandy]

the Supreme Court ruled in 2002, that juries must be the ones giving death out. Then didn't say if they meant this retroactively or not. By not stating, the supreme court created this issue.

The Supreme Court case, Ring v. Arizona (2002), was based on Apprendi v. New Jersey (2000), and Apprendi turned out to be not retroactive, according to U.S. v. Cotton (2002).

If Apprendi isn't retroactive, then it seems to me that Ring probably won't be retroactive either. But then again, "death is different", so it's hard to say.

Haven't read today's 9th Circuit decision yet. I did scan it though and noticed that Cotton wasn't even mentioned. Regardless, it should be an interesting read.

[Sandy]

The U.S. Supreme Court...found that juries, not judges, must render death sentences.

Anyone know where in the Constitution they found this requirement?

Sixth Amendment. The article doesn't make clear what happened. The jury had found Ring guilty of first-degree felony murder, which by Arizona law had a maximum sentence of life in prison. At sentencing, the judge determined that there were aggravating factors and gave Ring the death penalty. Note that the sentence was based on facts that were never determined by the jury, which is a violation of the 6th Amendment's jury trial guarantee. It's a good decision.

[HungarianGypsy]

It's a pity that the extra piece that the judge made his decision on was not presented before a jury. As the victim's only living relative I had a copy of the statement and did not know until Ring v. Az that the jury did not see it. It is a damning testimony from one of his co-conspirators. The most disgusting part of the statement was when Tim Ring shot his victim, turned to his co-conspirators and said, "Aren't you going to congratulate me on my shot?"
I am working on this whole forgiveness angle, with seeing how this case is having an effect on the lives of others. Honestly, I a horrible enough at times (like these) to think I almost would like him in with the regular prisoners, just so long as the prisoners knew he used to be a corrections officer. I know. I need to go repent again.

[HungarianGypsy]

Maybe someone on this thread could get the word out to help me. There are many families who are effected by this and would like to be able to speak out. I have heard a few on other boards (got to talk to that one) and on the radio. The only problem is whenever I mention to Victim Witness or the paper that I would like to have these families to be able to voluntarily contact me, so we can have some grass roots group for victim's rights, the response is either "that's a good idea" or "I understand how frustrating it is", then they sit on their hands. I understand if other families don't want to talk, but they aren't even being given the information. ANy suggestions on how to get the word out there. Or if anyone knows someone Ring v. Arizona has an effect on, please post to my freepmail. I am sick of the victim's being forgotten. They were real people too.