Three cheers for the Supreme Court

[kevinj110]

This needs to happen for everyone convicted of murder.

[Fletch]

Originally Posted by kevinj110

This needs to happen for everyone convicted of murder.

I'd rather it happened for everyone guilty of murder.

[Lex Concord]

Originally Posted by Bigum1969

What would the Ninth District define as "needless suffering"?

Reading the Constitution.

[Bubba]

Originally Posted by dburkhead

The ninth circuit had halted a death penalty sentence imposed on Fernando Belmontes, in part because his bludgeoning to death Steacy McConnell supposedly did not inflict "needless suffering."

30 minutes of reading the darn opinion and I don't see it...

Originally Posted by Belmontes v. Woodford, 9th circuit, 2003

CONCLUSION

Although we are disturbed by the prosecution's failure to disclose impeaching evidence and to correct false testimony on the part of its principal witness, as well as by defense counsel's failure to disclose the [*117] extent of his prior representation of Vasquez and to pursue a full investigation of Vasquez's background, and although we are at least as disturbed by the results of the study that showed the discriminatory racial effect of the County's capital charging policies, we cannot conclude, for the reasons we have explained, that any of these occurrences served to violate Belmontes' constitutional rights. Thus, we are compelled to deny relief with respect to the guilt phase, including the special circumstances finding. However, because the trial judge failed to instruct the jury that it was required to consider Belmontes' principal mitigation evidence, and because we conclude that this failure had a substantial and injurious effect upon the verdict, we reverse with respect to the sentencing phase. We remand to the district court with instructions to issue an appropriate writ vacating Belmontes' death sentence.

[Bill of Rights]

Originally Posted by Bigum1969

What would the Ninth District define as "needless suffering"?

One of them being the victim.

[BloodEclipse]

Originally Posted by Bigum1969

What would the Ninth District define as "needless suffering"?

Criminals having to pay for their crimes.
That or victims actually seeing justice served.

[Fletch]

Originally Posted by Bubba

30 minutes of reading the darn opinion and I don't see it...

Reps for actual research rather than pontificating blind.