The Supreme Court affirmed denial of Florida death row inmate Gary Lawrence's habeas petition in a 5-4 decision. An AP story by Pete Yost states the reason for the denial is due to the expiration of the one-year filing time frame allotted by the federal Anti-terrorism and Effective Death Penalty Act of 1996. Justice Clarence Thomas wrote the majority opinion and stated that the language in the law is clear that the time limit is not tolled during the time to file a certiorari petition for U.S. Supreme Court review of the state collateral proceeding. The contrary interpretation would give defense attorneys for death row inmates an incentive to delay as long as possible.
Superior Court Judge Gail Ohanesian ruled that Gov. Schwarzenegger's actions of transferring prisoners to private correctional facilities in other states is illegal and California's problem of prison overcrowding cannot be dealt with in this manner. The governor was outraged with the decision claiming that he absolutely refuses to allow early release for dangerous criminals and states that this "is a threat to public safety" as reported in an AP story by Don Thompson. The judge decided that the governor's actions violates the California Constitution as well as the state law.
The fix for California's death penalty process is scheduled for a hearing Friday, but the issue at hand is whether or not to hold a public hearing in private in order to protect the doctors from being labeled executioners. The concern is that medical experts may not be willing to offer any help if the hearing goes public. David Kravets, reports for AP.
Tougher sentencing for sexual predators in Texas has a victim's advocacy group worried that it will encourage more aggressive acts by the offenders, one being murder. The tougher laws that the AP story reports includes the death penalty for violent two time child molesters, but only in the worst cases. However, the Texas Association Against Sexual Assault still is not at ease with the resolve stating that since children are usually the only witness to the crime, offenders would be inclined to exercise every effort to ensure not being caught.
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