MetaFilter posts tagged with deathpenalty and supremecourt

Supreme Court Refuses to Hear Troy Davis Appeal

x_3mta3 — Tue, 14 Oct 2008 11:21:38 -0800

The Supreme Court today issued a one line statement refusing to hear Troy Davis' appeal. Troy Davis was convicted of the 1989 murder of a police officer in Savannah, GA, and sentenced to death solely on eyewitness testimony. No murder weapon or any physical evidence linked him to the crime. Since the conviction, seven of the nine witnesses have recanted or changed their stories, and one of the two who haven't changed their stories is the other suspect in the case. Things were looking good for Davis when the Supreme Court issued a stay two hours before his execution last month. Justice may really be dead in this country.

SCOTUS tells the ICJ to go hang

valkyryn — Mon, 31 Mar 2008 19:31:30 -0800

On March 25, the Supreme Court held (pdf) that rulings by the International Court of Justice are essentially not binding upon state courts. This paves the way for Texas to execute one Jose Ernesto Medellin for the rape and murder of two teenage girls. The Texas Court of Criminal Appeals judgment of the ruled (caution: disastrously formatted HTML) in 2006 that Medellin's objections, grounded on the fact that the Mexican consulate was not notified of his trial, were not sufficient to vacate his conviction, as he had been provided with a competent legal defense and none of his constitutional rights had been violated. The ICJ held (huge pdf) (summary) that the Vienna Convention creates individually enforceable rights, that Medellin's rights had been violated, and that Texas should order a new trial. President Bush, surprising everyone, ordered Texas to comply. The Supreme Court, which voted 6-3 to affirm the Texas court, held 1) that judgments of the ICJ are not directly enforceable as domestic law, and 2) the President cannot require states to effectuate the judgments of foreign courts. --- The Court's 2005 opinion (pdf) withdrawing certiorari as improvidently granted. Commentary: Volokh: (1, 2) OpinioJuris: (1, 2) And! discussion questions!

New Supreme Court Opinions

dios — Mon, 25 Jun 2007 10:15:51 -0800

A very big day for the Supreme Court. In Morse v. Fredrick, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post here). In Hein v. Freedom from Religion, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (previous discussions). In Wilke v. Robbins, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In FEC v. Wisconsin Right to Life, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (other). This Thursday, the Justices will deliver their last opinions of the term, including a death penalty case and the school assignment cases. (Opinions are .pdfs)

Alito's First Vote

monju_bosatsu — Thu, 02 Feb 2006 12:25:11 -0800

Alito's First Vote. In his first significant act on the Supreme Court, Justice Alito splits with his conservative colleagues, and votes to refuse to let Missouri execute a death-row inmate contesting lethal injection. You can read the (very short) order on page four of yesterday's order sheet [pdf]. More commentary at SCOTUSblog, and discussion of Alito's approach to the death penalty is available at Sentencing Law & Policy.

Supreme Court declares Juvenile Death Penalty unconstitutional!

AaRdVarK — Tue, 01 Mar 2005 07:34:01 -0800

The Supreme Court just ruled in a 5-4 decision that the Juvenile Death Penalty was unconstitutional. First, it was the mentally ill, now teenagers. Are we getting close to abolishing the death penalty altogether

74 Years Old

PrinceValium — Thu, 05 Aug 2004 20:25:46 -0800

"The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied." Hours later, James Hubbard is injected with lethal chemicals and dies in Atmore, Alabama. Hubbard, convicted of a 1977 murder, was 74 years old, demented, and retarded. File this one under "it's not cruel and unusual if you don't know what's happening to you."

XQUZYPHYR — Fri, 30 Aug 2002 09:05:55 -0800

Three Supreme Court Justices publicy oppose executing teenage criminals. In a rare move, Justices Ginsburg, Breyer, and Stevens made a public statement in a delay request to state their opposition to executing someone who committed murder before the age of 18. With the Court already banning the execution of the mentally retarded this year, is this another sign of a soon-to-be next step in the abolishment of the death penalty? Or does the average American still believe that regardless of what time, when you do the crime you walk the line?

dwivian — Thu, 20 Jun 2002 08:03:26 -0800

Supreme Court says no to executions of mentally disturbed people. Wow.

Ty Webb — Wed, 12 Jun 2002 09:49:15 -0800

God's Justice and Ours. Justice Antonin Scalia writes on capital punishment in First Things: "In my view, the major impetus behind modern aversion to the death penalty is the equation of private morality with governmental morality. This is a predictable (though I believe erroneous and regrettable) reaction to modern, democratic self–government."

raysmj — Thu, 07 Feb 2002 20:31:29 -0800

Scalia: Think the dealth penalty wrong? Resign In particular, he says, any Catholic jurist who agrees with the Vatican's anti-death penalty stance should resign. One to raise an eyebrow over, given that Scalia - a jurist who just happens to be Catholic - has been a consistent foe of Roe v. Wade and legalized abortion. He says his opposition to Roe, however, is mainly legal, and adds that his religious views should play no role in his decisions.

jasonshellen — Mon, 26 Mar 2001 08:47:49 -0800

U.S. Supreme Court to review death penalty for retarded. Regardless of what you think of the death penalty for people of normal(?) mental capacity, can you believe that they are just starting to reconsider this now?