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NC Senate Repeals Anti-McCleskey Act

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In McCleskey v. Kemp (1987), the US Supreme Court rejected an attack on a death sentence based on a statistical study.  The study supposedly showed that, even though black defendants were no more likely to be sentenced to death than white defendants for similar crimes, there was a disparity based on race of the victim.  (The study did not really show that, as explained in my OSJCL article, but the Court assumed that it did for the sake of argument.)

The New Jersey Supreme Court accepted the McCleskey argument on independent state grounds, but in the end the murderers failed to prove their case.  The Kentucky Legislature adopted it by statute, but apparently nothing ever came of that.

In 2009, the North Carolina Legislature adopted a similar statute, vague and badly drafted.  The proponents gave it a grossly misleading name, which I decline to use here.  The act has held up executions in that state, along with the lethal injection litigation.

Today, the North Carolina Senate passed a bill, 33-14, to repeal the anti-McCleskey act.  SB306 also fixes the misuse of medical regulation to block a lawful procedure that has nothing to do with the practice of medicine.

Paul Woolverton has this article in the Fayetteville Observer.

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Left unmentioned is the fact that Beverley Perdue and the criminal coddling Dems that passed the Act have jeopardized the convictions of the few killers that got their cases heard. There may be procedural bars to relief, but the bottom line is that some death row inmates have a judgment that says that the state discriminated in selecting a jury.

After so many years of hearing about an "all white jury," I am going to point out that one of the killers whose death sentence was tossed was an anti-white racist who killed a white victim, and his death sentence was tossed by a black judge.

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