Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Supreme Court reinstates death penalty for California killer

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
 
alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 07:55 PM
Original message
Supreme Court reinstates death penalty for California killer
Source: McClatchy Newspapers

WASHINGTON -- The Supreme Court on Monday reinstated the death penalty for convicted California murderer Scott Pinholster, in a fractured ruling that will make it difficult for other prisoners to win appeals in federal court.

Imprisoned on San Quentin's death row after being convicted in 1984, Pinholster has been arguing for several decades that his trial attorneys were fatally incompetent.

A federal judge and a federal appeals court agreed with the mentally distressed Southern California native, but a divided Supreme Court said that a federal law restricts what new evidence can be considered when hearing a challenge to state-run trials.

"Although state prisoners may sometimes submit new evidence in federal court, (the law) is designed to strongly discourage them from doing so," Justice Clarence Thomas wrote for the majority.

Read more: http://www.miamiherald.com/2011/04/04/2150384/supreme-c...



Holster?
Printer Friendly | Permalink |  | Top
ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 08:00 PM
Response to Original message
1. they keep on whittling away at the Rule of Law
so it doesn't matter, now, if someone is innocent once 'The System' has spoken. :puke:
Printer Friendly | Permalink |  | Top
 
Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 08:11 PM
Response to Reply #1
2. The system shall not be questioned! To do so is thoughtcrime!
Yeah, that's some fucked up thinking on Thomas.

It's a facepalm moment
Printer Friendly | Permalink |  | Top
 
onehandle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 08:22 PM
Response to Reply #1
4. Cheer up. At this rate, soon there will be no 'Rule of Law.'
And then there will be no need for the Supreme Court.

Printer Friendly | Permalink |  | Top
 
pam4water Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 08:19 PM
Response to Original message
3. Depressed K&R
Printer Friendly | Permalink |  | Top
 
Chef Eric Donating Member (576 posts) Send PM | Profile | Ignore Mon Apr-04-11 08:49 PM
Response to Original message
5. What a civilized country we live in.
World's Top Executors in 2010, according to Amnesty:

1. China (2000+)
2. Iran (252)
3. North Korea (60)
4. Yemen (56)
5. USA (46)
6. Saudi Arabia (27)
Printer Friendly | Permalink |  | Top
 
GReedDiamond Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-05-11 12:16 AM
Response to Reply #5
13. Note that 5 out of 6...
...are basically tyrannical dictatorships...or is that 6 out of 6?
Printer Friendly | Permalink |  | Top
 
defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 09:01 PM
Response to Original message
6. Death Penalty is wrong -- and this isn't a verdict which will ultimately protect the innocent ....
remember when that used to be the main purpose of our system of justice -- ?

The right wing not only caused America great expense in reestablishing the death

penalty, but it wants all avenues blocked for appeals or retrials.

Get on with the killing!!

The right wing and its right wing SC justices should be an embarrassment to any

civilized society!

Printer Friendly | Permalink |  | Top
 
Fool Count Donating Member (878 posts) Send PM | Profile | Ignore Mon Apr-04-11 09:53 PM
Response to Reply #6
9. Right or wrong, death penalty is mostly irrelevant for the
purposes of this ruling. Someone serving a life sentence for a crime he didn't commit will not be allowed to bring in new
evidence to prove his innocence just the same. It may seem less outrageous to have a law forcing an innocent man to spend
the rest of his life in prison than to kill him, but neither case has anything to do with justice.
Printer Friendly | Permalink |  | Top
 
defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 10:18 PM
Response to Reply #9
10. Haven't they agreed he may be killed by the state? How is that irrelevant to death penalty?
Otherwise, think we're both saying the same things about the impact of this on innocent.
Printer Friendly | Permalink |  | Top
 
Fool Count Donating Member (878 posts) Send PM | Profile | Ignore Mon Apr-04-11 11:30 PM
Response to Reply #10
12. That he can be killed by the state (aka constitutionality of
the death penalty) is well established by SC before and independently of this case. Arguments against death penalty have nothing to do with the rules for
introducing additional evidence, which is at issue here. What is novel here is that it now appears to be legal to kill someone whose innocence is, in principle, fully
proven by that new evidence. It is also legal now to keep such person in prison for the remainder of his sentence, which could be for the rest of his life.
Printer Friendly | Permalink |  | Top
 
bananas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-05-11 09:18 AM
Response to Reply #12
14. Yes, this applies to much more than the death penalty, it's about introducing additional evidence
Important point, thanks, I only skimmed the headline.
Printer Friendly | Permalink |  | Top
 
defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-05-11 12:47 PM
Response to Reply #12
15. Re-read my original post -- death penalty is relevant because they will kill him ...
additionally, I pointed out how this will effect and impact the innocent --

You're simply repeating what I said --
Printer Friendly | Permalink |  | Top
 
IScreamSundays Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 09:12 PM
Response to Original message
7. Yeah sure. That was just so "in your face, whacha gonna do about it"
Edited on Mon Apr-04-11 09:21 PM by IScreamSundays
Just like when the publicize the banker bonuses. We really have to realize that we are fighting something so huge, so pervasive, and so rotten to the core.

And I will say it again: Divide and Conquer is their strategy. As it has been since the beginning of time. They have spent a generation establishing their war chest...concerned citizens of this and concerned citizens of that. They infiltrate inboxes daily. They are organized, they are monied, they are ruthless. The are the ones that created the tea party, they own the media, they own congress, they even have infiltrated local government, they WILL NOT STOP.

Our only hope, And I MEAN THIS FROM MY SOUL: Is to find some common ground with those that we so vehemently disagree with. It is the only way.

Yeah, I hate those fuggin baggers more than anything. I was at the bank yesterday and saw an SUV with a bumper sticker that said: "Tea Party of ______. My first instinct was to key her car, or engage in a hostile conversation with her. But I didn't. Afterwards, I really had to take a look at why I hated this woman. She probably has kids that go to the same school, she probably bakes cookies for the class, she probably pays her taxes, she probably loves her family more than anything, asides from the politics, she is probably just like me. But we have had a wedge driven between us by people that have an agenda that necessitates pitting neighbor against neighbor. You see I truly believe that we are ALL liberals, it's just that they are conditioning us to hate one another.
There needs to be a dialog, I just don't know what that is gonna take. Yo uhave the MSM to deliver your daily hate and disinformation, and if ya couldn't catch the news they will check you in your inbox. People are tired, they are working their asses off. They are trying to keep their noses above the water. They are being exploited by those that could give a fuck.

I have personal experience with this. My sister lives far away, has for 15 years. She watches Fox News and listens to hate radio. And I gotta tell you this is the most liberal woman you could ever know, if you really knew her. But she literally got brainwashed. She has convinced herself that she is "NOT A PROGRESSIVE" and thinks Glenn Beck has it going on. She is so far away that I can't have much influence on her, and she is a very strong willed person. But if she was here, I could eventually show her the truth.

We have so many weapons that are used against us. Cable news, news papers, syndicated radio...I mean come on...these people are organized, calculating, and without conscious. They have been laying the foundation for years.

We MUST find a way to come together. There has to be a way to educate our country about the propaganda. WTF is it going to take.
Printer Friendly | Permalink |  | Top
 
The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 11:19 PM
Response to Reply #7
11. That is exactly it.
"Divide and Conquer"

Unfortunately, the tea-party/wingnut brigade has been conned into believing this is some kind of sports-match between 'right' and 'left'. No matter what we say, they will not listen.

We are in truly deep shit.
Printer Friendly | Permalink |  | Top
 
rpannier Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 09:40 PM
Response to Original message
8. Clarence Thomas wrote the majority opinion?
It should read, "Clarence Thomas copied from Scalia for the majority."
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu Jul 31st 2014, 07:41 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC