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CA Releasing Inmates to Save on Prison Costs: A federal court decision ordering the state of California to reduce prison overcrowding and improve the health and living conditions of inmates has resulted in elevated crime rates in cities across the state.  Michael Tremoglie of Main Street reports that also in the mix are the third strikers which have been released by Proposition 36, which made some 3,000 previously life-sentenced convicts eligible for release. Claims by the 2012 measure's proponents that recividism among the 1,000 third-strikers released so far has been remarkably low have been met with skepticism.  CJLF President Michael Rushford and Legal Director Kent Scheidegger both contributed to this article.

CA Man Sentenced for Murder and Courtroom Assault: A Northern California man has been sentenced to 50 years to life in prison murdering the mother of his children and stabbing his lawyer during the trial.  Lewis Griswold of the Fresno Bee reports that 30-year-old Rafael Mendoza had been on parole for domestic violence when he stabbed the mother of his children multiple times in the face and throat in 2010, and while on trial for the murder, stabbed his defense attorney repeatedly in the face using a weapon he made while in jail.  He pled no contest to murder, mayhem, and being an inmate in possession of a weapon. 

Realignment Offender Fit to Stand Trial: Jerome DeAvila, a Stockton man accused of raping, robbing, and murdering his grandmother in February, has been found competent to stand trial after doctors say he has been responding well to psychiatric medication.  Jennie Rodriguez-Moore of the Stockton Record reports that criminal proceedings had been put on hold earlier this year based on the claim that DeAvila's mental illness, which prosecutors dispute, made him unable to assist in his own defense.  DeAvila, a Realignment offender, had been released just days before the murder of his grandmother because the local jail was 'too full.'

Court Rejects Texas Killer's Appeal: The Texas Court of Criminal Appeals, the state's highest criminal court, has rejected an appeal from a convicted killer who contends that he was sentenced to death based on his race.  The Associated Press reports that 50-year-old Duane Buck, who was sentenced to death for a 1995 double homicide, believes the jury in his case was unfairly influenced by his own expert witness, a psychologist who testified during the punishment phase of his trial that 'black people were more likely commit violence.'  Buck, who currently does not have a scheduled execution date, plans to take his case to the U.S. Supreme Court.  

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Duane Buck case

This has become another anti death penalty fraud, screaming that Buck was sentenced to death because he is black.

Nonsense.

SCOTUS has already rejected the racism claim and they won't hear that, again.

(Kent, correct me if you think I am wrong in that assertion)

Justice Sotomayor's dissent tried to establish a raced based arguement, by using an inference out of context, an inference that never stated Buck was a future danger based upon race.

In fact, all of Quijam's testimony was that Buck was at reduced probability of future danger, the opposite of the claims by death penalty opponents.

Even Texas Court Of Criminal Appeals (TCCA) Justice Alcala (3) , who dissented, IN FAVOR OF Buck, recognized Sotomayor's obvious error:

Alcala writes: "As to (Buck's) second claim (based upon racism) , I conclude that (Buck) has failed to make out a prima facie case for discriminatory intent in the prosecution's decision to seek the death penalty in his case." (3). "intent".

Alcala thought this such a minor issue that she didn't even bother to respond to the claim in the body of her opinion, but only in a footnote (3).

Death penalty opponents just carried a dishonest claim forward, and made it their own (5). Nothing new.

balance at
http://prodpinnc.blogspot.com/2013/11/duane-buck-false-claims-of-racism-more.html

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