<< The Perils of Permissiveness, Continued | Main | How to Deal with Terrorist Murder: Psychologists >>

Effective LWOP Sentence in the Buddhist Temple Massacre

| 1 Comment
Jacques Billeaud reports for AP:

A man convicted of killing nine people, including six monks, during a robbery at a Buddhist temple in metro Phoenix was sentenced Friday to 249 years in prison, marking the end of one of the most notorious criminal cases in Arizona over the past 25 years.
The crime was committed in 1991.  The original conviction and effective-life sentence were upheld by the Arizona courts but overturned by the Ninth Circuit on a Miranda claim in 2011.  Judge Tallman noted in dissent:

The Arizona courts did everything we can demand of state courts. The trial court held a ten-day evidentiary hearing before concluding the Miranda warnings were adequate and the confession was voluntary. More importantly, the jury independently and necessarily concluded the confession was voluntary and reliable in convicting Doody for his role in the murders. The Arizona Court of Appeals affirmed this determination in a comprehensive, reasoned opinion. Its holding on the facts presented fell squarely within the bounds of Supreme Court precedent on voluntariness.
*                                               *                                          *
In violation of AEDPA, the majority adjusts the scales and weighs the facts anew. This sort of appellate factfinding on habeas review is contrary to the congressionally mandated standard of review.
Notwithstanding the AP report, it's not the end.  There will be another appeal, another habeas petition.

1 Comment

| "We hope this sentence makes him suffer for the rest of his life,"
Barb Heller, who spoke on behalf of the [Buddhist] temple, told the jury. |

| Prosecutors couldn't seek the death penalty in his retrials because
of a 2005 U.S. Supreme Court decision |

 Wow, the most stringent of my ilk only believe that he should suffer for
a few minutes, though fatally so.
~ Adamakis

Leave a comment

Monthly Archives