Intoxication Defense A Missouri murder case has rekindled the discussion on the intoxication defense to murder. A Kansas City Star article by Joe Lambe focuses on the murder conviction of a Jackson County man who, while high on PCP, murdered two women. After a bench trial, the judge found him guilty, citing a Missouri law which forbids an intoxication defense. The defense is appealing, arguing that the state law is unconstitutional and their client is guilty of manslaughter. The U.S. Supreme Court's divided holding in Montana v. Egelhoff upheld such laws, leaving states with the option to allow the defense or not. O'Connor dissented, Ginsburg concurred so the rule seems safe today.
Death Penalty The New Jersey Supreme Court joined the nation's other death penalty states yesterday, upholding a New Jersey law which places the burden of proving mental retardation in capital cases on the defendant rather than the prosecution. The Court's 5-2 decision in State v. Jimenez is discussed in an Associated Press story by Beth Defalco.
Historic Preservation. The Wall Street Journal (subscription) has this story on the struggle of residents of San Francisco's Tenderloin district to preserve the area's historic character as a treeless zone of drugs and prostitution.
Lethal Injection The United States Supreme Court has denied review of an Ohio murderer's lethal injection challenge. Jeffrey Lundgren, convicted of murdering a family of five, is scheduled to be executed today. On Monday, the Sixth Circuit lifted a stay, denying Lundgren the opportunity for review of his claim that lethal injection violates the Eighth Amendment. The Associated Press story by John McMcCarthy is available here.
Update: Lundgren was executed this morning at 10:26 E.D.T. according to this story.
Florida murderer Danny Rolling is scheduled for execution tomorrow. Local authorities are expecting large demonstrations on both sides according to a story by Gainsville Sun reporter Nathan Crabbe.
Updated Sex Offender Registry A story on the new in-depth changes to Missouri’s sex offender website can be found here.
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