[montag813]

Yeah!!! Let's throw a get out of jail free party!!!

[Peach]

I think their cases were commuted to life in prison. I have no problem with that, as long as they stay in prison until they die. That rarely happens.

[ConservativeMan55]

This is ridiculous!

[wardaddy]

God bless the Feds...they are so dear.

[Joe Boucher]

Nothing but Judicial activism. These liberal judges in Calif just don't want the death penalty. Screw the presiding judges and juries in these cases. Screw the American people that overwelmingly want the death sentance. Screw the victims of these peoples crimes.
Getting to where we are going to need another revolution to rid ourselves of these maggots in govt.

[dogbyte12]

The gist of the ruling, which commuted the sentences to life without parole btw, was that these men had been sentenced to die by a judge, instead of by the jury.

From what I gather, the juries were not deciding punishment phase, and the court said that this violates the "jury of peers" thing.

I think it's an interesting legal issue actually. Only if the defendents prior to the fact demanded that the jury sentence them not a judge. I think a judge can properly do so, but there can be a legal argument that you should be allowed to let your peers determine your sentence.

[Sub-Driver]

the 9th circuit..............figures

[yonif]

AP reports that they were overturned because they were sentenced by a judge and not a jury.

[VRWC_minion]

We have a right to a jury trial.

[telebob]

It's the 9th Circuit. It will be overturned...

[Ed_in_NJ]

If this doesn't get reversed, these killers have the rest of their 'natural' lives to get pardoned by another corrupt POTUS.

[INSENSITIVE GUY]

Too bad we can't overturn judicial appointments and confirmations just as easy!

[RetiredArmy]

Liberal, Socialist, Democrat: One and the same. Save a whale, commute a convicted murderer, free a murderer, free a sex offender, worship Stalin, kill an unborn baby.

Yup. All fits their definition.

[Natural Law]

More Judicial abuses from the 9th Circus Court of Appeals, the most over-turned court in America.

[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

[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."