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9th Circuit Overturns Death Sentence:  A unanimous panel of the 9th Circuit U.S. Court of Appeals overturned the death sentence of a brutal triple-murderer in Arizona.  Philip Athey of Cronkite News reports that in 2013, the same panel had upheld Robert Poyson's sentence, but that subsequent rulings by SCOTUS and Ninth Circuit in other cases required that more weight should have been given to the mitigating circumstances at his sentencing hearing than Arizona courts allowed.  Poyson was convicted on strong evidence of the murders of Leta Kagen, her 15-year-old son Robert, and friend Roland Wear, after Kagen let Poyson, who was homeless, stay with them.  The jury found that Poyson murdered Kagen with a gunshot to the head while she slept, reloaded and shot Wear, hitting him in the jaw and finishing him off by hitting him repeatedly over the head with a cinder block.  This all, after he stabbed and beat Kagen's 15-year-old son to death.  Barring a reversal on appeal, Poyson's drug and alcohol abuse and personality disorder(s) will be given more appropriate attention at a new sentencing hearing.

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Scalia's comments about an annually revised death penalty jurisprudence seem wise here--except for the fact that Scalia called it "jurisprudence." Scalia, In my opinion, was far too solicitous of this sort of thing, instead of calling it what it is: "Lawless evil.:

Every year, the federal courts (including the Supreme Court) demonstrate that federal courts are simply incompetent or lawless when it comes to capital punishment and hence should have their habeas power removed.

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