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KS High Court Upholds Death Sentence:  The Kansas Supreme Court upheld the death sentence on Friday of a man who raped and murdered a college student two decades ago.  Amy Renee Leiker of the Wichita Eagle reports that Gary Kleypas, the state's first death row inmate, was tried twice for the 1996 rape, torture and murder of Carrie Williams, 20.  In 2001, his conviction and death sentence were overturned by the Supreme Court, but following a retrial in 2008, jurors handed down a second death sentence.  The ruling is the third death sentence over the past year to be upheld by the state high court, which also affirmed the death sentences of serial killer John Robinson Jr. and cop killer Scott Cheever.

AL Inmate Asks for Stay of Execution:  An Alabama death row inmate has requested a stay of execution by an appellate court until a ruling is issued on his challenge to the state's lethal injection process, just a few short weeks ahead of his scheduled execution.  Kim Chandler of the AP reports that Tommy Arthur, 74, asked the 11th U.S. Circuit Court of Appeals on Wednesday to stay his Nov. 3 execution, arguing that the state's lethal injection procedure is unconstitutional because it causes pain and suffering.  Arthur's challenge was initially dismissed by a federal judge in July after Arthur failed to name a viable execution alternative, required by the U.S. Supreme Court of inmates challenging death penalty procedures.  Lawyers representing the state argue that Alabama's execution method is essentially identical to Oklahoma's, which the U.S. Supreme Court upheld.  Arthur faces execution for killing businessman Troy Wicker in a 1982 murder-for-hire scheme.

CA's Early Release Program Under Scrutiny:  California's early release program continues to raise questions and concerns when so-called "non-violent second-strikers" are released from prison and quickly reoffend.  Sarah Dowling of the Woodland Daily Democrat reports that a slew of measures were enacted in the state beginning in early 2015 with the objective of relieving prison overcrowding, including early parole consideration for inmates classified as "non-violent second-strikers."  To be eligible for release under the program, inmates must not be serving time for a crime deemed a "violent felony" and cannot be a registered sex offender.  Offenders that qualify become eligible for parole consideration once 50% of their sentence has been served, or they are within 12 months of having served 50% of their sentences.  In Yolo County alone, 26 inmates were released early under the program, even though District Attorney Jeff Reisig opposed it, and six of them have been rearrested for crimes such as domestic violence, drug possession and resisting arrest.  Statewide, over 2,900 convicted felons have been released early under the program.

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KS High Court Upholds Death Sentence

Justice Lee Johnson dissented, reiterating his view that the death penalty violates the Kansas Constitution’s prohibition against cruel or unusual punishment.

“Given my view that the death penalty is categorically unconstitutional
for every person convicted of murder in this state, I see no reason
for a detailed discussion of all the other holdings by the majority
with which I disagree,”
he wrote.

This is the combination of professional and intellectual denudement or retardation which merits impeachment in my view. Hopefully, the pending standard will pass
in Kansas which will enable this biased clown to be booted.

§9. Bail; fines; cruel and unusual punishment
The date of origin of this section of the Kansas Constitution is 29 Jul 1859. Between 1853 and 1965, 76 executions were conducted, constitutionally, even according to the anti-death penalty information center.
kansas.com/news/politics-government/article67506877.html, kssos.org/other/pubs/KS_Constitution.pdf

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