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  1. #1
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    Death penalty ruled unconstitutional in fl. May effect casey trial.


    Not sure how to disipher this article, so if a brilliant mind can piece it together and make it presentable, and makes a new thread, and this one got deleted.. I wouldnt be mad

    Weds, a fl. Judge ruled the death penalty is unconstitutional, but I cant understand the rest. I think im exaughsted.
    http://m.examiner.com/examiner/pm_60...tguid=XRHgKsOf

  2. #2
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    Here's another article, from the Miami Herald:

    http://www.miamiherald.com/2011/06/2...das-death.html

    A Miami federal judge ruled Wednesday that the way Florida courts mete out the death penalty is unconstitutional because juries — not judges — should be the ones to spell out which details about the crime justify execution.
    Unless specified otherwise and linked, my posts are simply random thoughts of mine, in no particular order, not directed at any post or poster, including but not limited to the ones directly above mine. My opinion only, yours may vary. IMO. JMO. IMHO. JMHO. MOO. Disclaimer, small print, asterisk, and etc.

  3. #3
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    Apr 2010
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    To be honest I would be happy with the rest of her life in prison.. even if 40 years.. her youth and being a social butterfly seems so much important to her.. I would like to see her behind bars for ever.. but if she got out when she is misreable and past child bearing age.. old and worn and torn.. I could still be ok with that.

    I want her to suffer... mentally and physically.

    I thought the death penalty issue was that they want the jury to make the decision. I am in Florida and I can tell you that the death penalty will not be off the table here.

    I however do want the stiffest penalty that can be given on whatever charge she is convicted of. If she walks I am going to totally loose the little faith I have in the justice system.
    Last edited by sherryk; 06-27-2011 at 01:07 AM. Reason: additional information

  4. #4
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    Quote Originally Posted by Ives View Post
    Not sure how to disipher this article, so if a brilliant mind can piece it together and make it presentable, and makes a new thread, and this one got deleted.. I wouldnt be mad

    Weds, a fl. Judge ruled the death penalty is unconstitutional, but I cant understand the rest. I think im exaughsted.
    http://m.examiner.com/examiner/pm_60...tguid=XRHgKsOf
    ~snipped for brevity

    ..."the manner in which Florida courts administer the death sentence does not afford due process to defendants because a judge, not a jury, makes the ultimate decision"....

    ..."Although legal scholars believe the ruling will have limited impact on death sentences,"...
    ...“This is huge breaking news."...
    ... The way the death penalty sentencing is done right now in Florida has just been declared unconstitutional," said Eiglarsh. "Right now, jurors, ...just decide, how many are in favor of death, how many are in favor of not?
    ... “If it’s 7-5, then ultimately the judge then decides whether death is appropriate"...
    ... "Now... under the law,... they are making jurors decide, beyond a reasonable doubt.”...
    ~ my opinion only

  5. #5
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    Jun 2004
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    Exclamation

    Quote Originally Posted by flourish View Post
    Here's another article, from the Miami Herald:

    http://www.miamiherald.com/2011/06/2...das-death.html
    Never fear, from above article: The ruling, likely to be argued in appellate courts for years, does not strike down Florida’s capital-punishment law.


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  6. #6
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    Mar 2009
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    This is the key words guys. Agrravating Factors. I asked this question in the Questions for verified lawyer thread about 5 days ago.

    In this case aggravating factors and mitigating factors, if they were voted on, were not clearly laid out in the decision.


    Aggravating factors and mitigating factors would have to be voted on and a consensus majority vote recorded on each of the factors aggravating and mitigating.

    At least that is the cursory discussion I have heard on this particular case.

  7. #7
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    Sep 2008
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    2011.06.27 -Defense Files Motion for Mistrial due to DP ruling in South FL.

    Amanda Ober AmandaOberWESH
    #CaseyAnthony The defense has officially filed it's motion asking for a mistrial based on a ruling by a fed. judge in South Florida

    www.twitter.com/AmandaOberWESH

  8. #8
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    Surprise Surprise....

  9. #9
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    Boy! They REALLY dont want this to get to the jury, do they?




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  10. #10
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    I'd guess the DP ruling is irrelevant unless ICA receives the death sentance, no?

    Even when IL abolished the DP, it did not derail anyone's trial, it simply meant the DP was off the table and the defendent could be sentenced to LWOP.

    I suppose they can try, but again I would really think the ruling is irrelevant since ICA has not yet been sentenced.

    jmo
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  11. #11
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    Jun 2011
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    I believe one of the lawyers here already said that this was for one specific case and circuit.
    Not sure if they can use it for ICA but you can't blame the DT for trying.

  12. #12
    Join Date
    Jun 2011
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    25
    Assuming the Florida death penalty statute is unconstitutional, what is the basis for mistrial?
    That the jury is a death-panel qualified jury? That doesn't seem like a very strong argument for a mistrial.

  13. #13
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    At what point does HHJP smack the daylights out of the DT for gumming up the works, or does he have sympathy for them because they have nothing to work with?
    email me


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  14. #14
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    Oct 2008
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    *sigh* Another activist judge who "knows better" than the citizens. Great. Andrea Lyon must be jumping for joy.
    Justice for GEORGE!

  15. #15
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    Apr 2005
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    Here's a link to Ann Finnell's motion:

    http://www.wftv.com/PDF/28372388/detail.html

    After court was over for the day and after the jury was recessed, HHBP asked if either side had any further business for the court. Ann Finnell brought up her motion and HHBP said the court could hear her motion on Wednesday or Thursday after the defense rests their case.

    My impression is that HHBP doesn't give much importance to AF's motion.
    My posts are my opinion..........



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