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re: Question about CA Death Penalty case

Posted on 7/17/14 at 8:59 am to
Posted by teke184
Zachary, LA
Member since Jan 2007
96933 posts
Posted on 7/17/14 at 8:59 am to
quote:

You don't need a precedent to issue a ruling. CA's jacked up moratorium kept him in limbo, which is violative of the 8th amendment, according to his judgment.


Which is still a fricking stupid judgment IMHO.

The moratorium is effectively an indefinite stay on the sentence, just as if a judge decided that various aspects of his case needed to be re-heard.

All it does is ensure that he won't be executed until it is lifted and, frankly, I don't see Moonbeam or the CA legislature having the balls to lift it given how unpopular the death penalty is with their base.
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139907 posts
Posted on 7/17/14 at 3:22 pm to
Thank you for answering. I just am still somewhat puzzled as to why this ruling was made
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 7/17/14 at 3:48 pm to
quote:

I don't see Moonbeam or the CA legislature having the balls to lift it given how unpopular the death penalty is with their base.



Since both Brown and Harris are against the DP, I wouldn't be surprised if they refuse to appeal the decision like they did with Prop 8.
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