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Death Penalty: Senior Ninth Circuit judge Arthur Alarcon, who supports capital punishment says the delays in executions, averaging over 17 years, are the result of the California legislature's unwillingness to fund the system, as reported by Henry Weinstein in yesterday's Los Angeles Times. The judge said that legislators "may be comfortable with a de facto abolition of capital punishment."

Fugitive Caught: A man sought by both state and federal police for the videotaped rape of a 3-year-old girl has been arrested in Henderson, Nevada according to this AP story by Ken Ritter. Habitual criminal Chester Stiles was identified and arrested by police after he was pulled over late Monday for not having a license plate.

Justice Thomas is the subject of this favorable Los Angeles Times editorial by James Kirchick, which addresses criticism of his views on affirmative action. He cites liberal Thomas bashers for being guilty of "blatant intellectual inconsistency" and hypocrisy.

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There are several problems in California death cases. Let us not forget the liberal Calif Sup Court from the 80's with Rose Bird and later the 9th Circuit with appointees from Carter many of whom are still there. To this day, many of them do not follow AEDPA. Plus, the 9th Circuit handles so many states, they take approx. 5 years per case. They have several enbanc right now that have not been ruled on.

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