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Alito Sides With Mo. Inmate on Death-Row (Retread troll denied stay of execution)
BREITBART.COM ^ | 02/02/06 | GINA HOLLAND

Posted on 02/02/2006 1:54:21 AM PST by Bullitt

New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

(Excerpt) Read more at breitbart.com ...


TOPICS: News/Current Events
KEYWORDS: alito; deathrow; hateamericafilth; hateamericatrash; hatebush; hatingamerica; michaeltaylor; zot; zotme; zotmehard; zotmeharder
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A 15 YEAR OLD IS DEAD, THIS GUY HAS PITY FOR THE PUNISHMENT?
1 posted on 02/02/2006 1:54:24 AM PST by Bullitt
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To: Bullitt

I read somewhere else the decision was UNANIMOUS.


2 posted on 02/02/2006 1:55:56 AM PST by Recovering_Democrat ((I am SO glad to no longer be associated with the party of Dependence on Government!))
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To: Bullitt
This was a rpocedureal vote. The Supreme court declined to hear a complaint that racism was involved in the sentencing as the defendent was black. This was prior to Alito being sworn in and this particular vote was his first, and pretty much already decided.
3 posted on 02/02/2006 1:58:35 AM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: Recovering_Democrat
"The court's split vote Wednesday night ended a frenzied day of filings"

Doesn't sound unanimous. Once again this country does prove that a killer is due more consideration than the victim.
4 posted on 02/02/2006 1:58:53 AM PST by Bullitt
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To: Recovering_Democrat

I read that he voted opposite Thomas and Scalia, but that means nothing until the full context of the case is known.


5 posted on 02/02/2006 1:59:45 AM PST by billhilly (The Democrat symbol is no longer the donkey, it's a strait Jacket.)
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To: Recovering_Democrat

There were several motions in this case yesterday, as is typical of last-minute death-row appeals, and quite obviously the decision referred to by the article was not unanimous.


6 posted on 02/02/2006 2:00:02 AM PST by AntiGuv (™)
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To: Bullitt

This sucks.


7 posted on 02/02/2006 2:00:16 AM PST by Pro-Bush (We protect Korea's border better than our own!)
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To: Bullitt

You've gone off half-cocked, pal.


8 posted on 02/02/2006 2:00:19 AM PST by Howlin (Why don't you just report the news, instead of what might be the news? - Donald Rumsfeld 1/25/2006)
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To: Howlin

I have?? Where? What do you mean?


9 posted on 02/02/2006 2:01:22 AM PST by Bullitt
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To: Bullitt

Maybe Scalia hasn't had his father/son talk with Alito yet?


10 posted on 02/02/2006 2:02:14 AM PST by leadpenny
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To: Bullitt

It is possible to believe in the death penalty, as I do, and also see that the state does not get it wrong. It would take few cases of wrongful death to completely turn the public against the death penalty, thus depriving society the protection derived from it.


11 posted on 02/02/2006 2:02:40 AM PST by billhilly (The Democrat symbol is no longer the donkey, it's a strait Jacket.)
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To: Bullitt
"Taylor was convicted of killing 15-year-old Ann Harrison, who was waiting for a school bus when he and an accomplice kidnapped her in Taylor pleaded guilty and said he was high on crack cocaine at the time"
That sounded cruel and unusual to me.
12 posted on 02/02/2006 2:02:46 AM PST by Bullitt
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To: Caipirabob
The Supreme court declined to hear a complaint that racism was involved in the sentencing as the defendent was black.

Umm.. That was one of several appeals filed yesterday, and it was not the appeal in which Alito split with Roberts, Scalia, and Thomas. The 6-3 split decision involved a last minute appeal challenging lethal injection as "cruel and unusual" - the same as in the two Florida executions that were stayed this week.

13 posted on 02/02/2006 2:03:25 AM PST by AntiGuv (™)
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To: Bullitt
An appeals court will now review Taylor's claim that lethal injection is cruel and unusual punishment, a claim also used by two Florida death-row inmates that won stays from the Supreme Court over the past week. The court has agreed to use one of the cases to clarify how inmates may bring last-minute challenges to the way they will be put to death.

Give the guy a break! I don't fault Alito for wanting to make sure that absolutely everything is examined with a fine tooth comb and done properly in a death penalty case. He is a though, detailed oriented jurist. This does not make him a flaming liberal.

14 posted on 02/02/2006 2:04:47 AM PST by AmericaUnited
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To: Caipirabob

PS. And it's worth mentioning that if the Supreme Court is about to begin staying all executions while the lethal injection challenge is pending, there aren't gonna be any executions for a while..


15 posted on 02/02/2006 2:05:59 AM PST by AntiGuv (™)
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To: Recovering_Democrat
It says here,

The court's split vote Wednesday night ended a frenzied day of filings. Missouri twice asked the justices to intervene and permit the execution, while Taylor's lawyers filed two more appeals seeking delays.

The story noted that, absent O'Connor and Alito, the Court had voted to reject an appeal by the same party on grounds that Missouri's justice system is "racist" (the convict is black, the girl he and his accomplice murdered was white -- but that wasn't "racist").

His alternative ground for appeal was a claim that lethal injections are unconstitutionally "cruel and unusual". I.e. "you can't do me like I did her!"

<speculation>

Maybe Alito wanted to crack his knuckles and flex a bit on the subject of the death penalty, giving this guy a hearing so that Alito and the conservatives could tell him in a clear voice exactly why he's toast and going to hell.

</spec>

16 posted on 02/02/2006 2:07:20 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: AmericaUnited

15 years have gone by for this raping murderer. Long enough for punishment for what he did.


17 posted on 02/02/2006 2:07:41 AM PST by Bullitt
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To: Howlin

well?


18 posted on 02/02/2006 2:08:21 AM PST by Bullitt
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To: Bullitt

This is the second time his counsel has run this case up to the USSC, the first time around, it was rejected because the counsel argued on the basis of the entire judicial process being tilted against blacks.


19 posted on 02/02/2006 2:09:31 AM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: AmericaUnited

I think it had more to do with the fact that this was the exact same basis for appeal as that granted twice this week in Florida. It would hardly seem just if they grant a stay of execution twice and then deny a stay of execution for the same reason, especially if in the end the challenge is decided in favor of the Florida inmates.

What I don't quite get, though, is how any executions by lethal injection can now go forward until this is decided, since every one of them can be appealed on the exact same basis.


20 posted on 02/02/2006 2:09:41 AM PST by AntiGuv (™)
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To: lentulusgracchus

A more likely speculation is that Alito's mixed record on death penalty cases in the lower courts was not a fluke.


21 posted on 02/02/2006 2:10:58 AM PST by AntiGuv (™)
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To: AntiGuv
A more likely speculation is that Alito's mixed record on death penalty cases in the lower courts was not a fluke.

Yep. That's where I've drawn my conclusion.

22 posted on 02/02/2006 2:12:09 AM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: Bullitt

http://www.freerepublic.com/focus/f-news/1569856/posts


23 posted on 02/02/2006 2:17:09 AM PST by kanawa (Freaking panty wetting, weakspined bliss-ninny socialist punks)
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To: BigSkyFreeper

I am not saying this is the case, by any stretch, but it would be ironic if Roberts turns out to be a staunch conservative and Alito turns out to be a wishy-washy moderate.


24 posted on 02/02/2006 2:17:23 AM PST by AntiGuv (™)
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To: AntiGuv

I won't base my opinion of Alito on one single case, but the fact he's had a mixed record on death penalties in the 3rd Circuit is inescapable.


25 posted on 02/02/2006 2:19:48 AM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: AntiGuv
A more likely speculation is that Alito's mixed record on death penalty cases in the lower courts was not a fluke.

So, what's his tendency?

He certainly isn't going to rule against the death penalty wall-to-wall on the grounds appealed by the murderer's counsel. He'd have to be a doctrinaire liberal who gets his guidance from French newspapers: spare the murderers, euthanize the innocent elderly and incubating young.

26 posted on 02/02/2006 2:21:31 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: AntiGuv

But, I can't help notice that this repugnant killer scum's counsel decided to ram this through on Alito's first day. This story it seems to me was designed to set conservative's hair on fire over Alito. I guess it worked.


27 posted on 02/02/2006 2:24:31 AM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: billhilly

Alito may have voted this way, just to make a point to the left that he isn't a "racist." Or it could be that he didn't feel he could get up to speed on the case that quick, so his vote was on the side of caution. Let't wait and see how he votes on the actual case. This was just an vote to hear the case.


28 posted on 02/02/2006 2:24:41 AM PST by NavVet (“Benedict Arnold was wounded in battle fighting for America, but no one remembers him for that.”)
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To: lentulusgracchus
Here's a good article: Alito's Record: Upholding executions, but not in every case.
29 posted on 02/02/2006 2:28:01 AM PST by AntiGuv (™)
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To: Bullitt

"An appeals court will now review Taylor's claim that lethal injection is cruel and unusual punishment, a claim also used by two Florida death-row inmates that won stays from the Supreme Court over the past week. The court has agreed to use one of the cases to clarify how inmates may bring last-minute challenges to the way they will be put to death."

One of these will be used to settle the question before the SC eventually.


30 posted on 02/02/2006 2:31:49 AM PST by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: AntiGuv
PS. And it's worth mentioning that if the Supreme Court is about to begin staying all executions while the lethal injection challenge is pending, there aren't gonna be any executions for a while..

Governor Bush was speaking about the just yesterday here in Florida. He was angry about the issue being swept off the table by Anti-Justice activists without placing the issue before the voters. Good approach IMHO. People are sick of liberals attempting to circumvent the will of the people.

But yeah, on hold for a while as justice waits...

31 posted on 02/02/2006 2:33:01 AM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: Bullitt

(groan) What is it with these "rock-solid" conservative judges?? Kennedy, Kerry, Biden and Leahy must be celebrating and feeling foolish over their attempts at smearing Alito. Sandra Day O'Conner didn't retire, she just put on a pair of pants and cut her hair.

This is NOT an auspicious beginning to Alito's career on the Supreme Court. In the future, we should demand a 90 day probation period for future federal judge appointees and a term limit of 10 years, renewable up to 3 times.


32 posted on 02/02/2006 2:36:40 AM PST by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: Caipirabob
An appeals court will now review Taylor's claim that lethal injection is cruel and unusual punishment, a claim also used by two Florida death-row inmates that won stays from the Supreme Court over the past week.

If Taylor and others claim that lethal injection is cruel and unusual, maybe they would prefer the electric chair, hanging, or a firing squad.

33 posted on 02/02/2006 2:42:59 AM PST by Dr. Scarpetta (Democrats would vote against Jesus Christ for the Supreme Court.)
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To: DustyMoment
"This is NOT an auspicious beginning to Alito's career on the Supreme Court."

I agree. If Alito thinks that lethal injection might be "cruel and unusual" then he likely is against the death penalty period. This doesn't bode well for law and order.

34 posted on 02/02/2006 2:47:55 AM PST by Godebert
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To: Bullitt

The most important line from the article

"Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening."

I think voting to uphold the appeals court's stay on his first day on the job is being cautious not liberal. He needs to get his clerks and himself up to speed. Additionally, he is invoking stare decis which in this case the court has within the last week blocked executions on similar grounds pending disposition.

Hopefully, the delay in these cases will allow the conservatives to speed up future executions and put the smack down on these challenges.


35 posted on 02/02/2006 2:51:21 AM PST by tort_feasor (FreeRepublic.com - Tommorrow's News, Today)
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Comment #36 Removed by Moderator

To: Bullitt

there are 2 deah row in florida that have been stayed by SCOTUS in the last week or so. Why would you let one in another state die if it's for a very similar reason (leathal injection cruel and unusual here).

Personally i don't think it's cruel and unusual, and i doubt the scotus does in the end.....


37 posted on 02/02/2006 3:16:05 AM PST by libbylu
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To: Bullitt

"Meet the new boss, same as the old boss".

First thing Alito does is side with the liberals. How many days has he been a member of the Supreme Court now? One? That didn't take long, now did it?

Have we been snookered again, like with Sandra Day O'Conner?


38 posted on 02/02/2006 3:19:49 AM PST by Supernatural (All the truth in the world adds up to one big lie! bob dylan)
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To: NavVet

BINGO! That was my first thought as well. He just got there- hardly had time to have his robes fitted.

I'm disappointed when I see FReepers jump to conclusions- kinda like knee-jerk liberals.


39 posted on 02/02/2006 3:24:42 AM PST by SE Mom (God Bless those who serve..)
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To: BigSkyFreeper
But, I can't help notice that this repugnant killer scum's counsel decided to ram this through on Alito's first day.

Huh? Missouri was seeking to execute the guy at midnight. I think his counsel would've been a little remiss if they'd waited a day.

40 posted on 02/02/2006 3:32:09 AM PST by PBRSTREETGANG
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To: PBRSTREETGANG
His counsel is an idiot. Playing the race card? C'mon!
41 posted on 02/02/2006 3:35:05 AM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: tort_feasor
I think voting to uphold the appeals court's stay on his first day on the job is being cautious not liberal.

I hope that's the case. I do agree that it's too early to make an evaluation.

(Although I must admit it gave me pause to see him against Roberts, Scalia and Thomas right out of the box.)

42 posted on 02/02/2006 3:35:31 AM PST by PBRSTREETGANG
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To: insideapproach

That's what you call a pathetic, first-at-bat. Lets hope it's just opening-day jitters.


43 posted on 02/02/2006 3:40:46 AM PST by johnny7 (“Iuventus stultorum magister”)
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To: BigSkyFreeper

see my post 35 above.....
i won't be back, you guys go ahead and be idiots......
IF SCOTUS GAVE STAYS TO 2 GUYS IN FLORIDA LAST WEEK, WELL IT WOULD BE STUPID OF THEM NOT TO GIVE ONE TO THIS DUDE. I DON'T BELIEVE LEATHAL BE RULED CRUEL AND UNUSUAL, BUT THAT'S THE AMERICAN PROCESS, LIKE IT OR NOT.

of course this means alito is just like gingsberg/sc


44 posted on 02/02/2006 3:49:00 AM PST by libbylu
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To: SE Mom
I'm disappointed when I see FReepers jump to conclusions- kinda like knee-jerk liberals.

I strongly disagree. Justice Alito had 3 choices before him, yesterday: he could vote on the side of staying the execution, vote on the side of justice, or recuse himself because he hadn't had time to become familiar with the arguments in the case.

So, for his very first vote ever, the man we were assured is a careful, thoughtful, brilliant jurist and decision-maker, votes in favor of a murderer - NOT the victim and definitely NOT the law that he claimed to uphold in his hearing.

Being his first vote, he has established a precedent that will follow him for the rest of his judicial career - we will all remember that he sided with the left the very first time he got a chance to voice an opinion as a Supreme Court justice. This is NOT evidence of a brilliant mind and decision-maker; instead, it is disappointing evidence tht Alito played us all and has the decision-making skills of a 5th grader. It would have been better had he recused himself than come down on the side of a convicted murderer seeking ANY idiotic excuse to avoid having done to him (in a kinder and gentler way), than he did to his victim. Where was his victim's appeal on the grounds that his death was Unconstitutional because it was "cruel and unusual"?

The bashing Alito is getting here this morning is well-earned. Conservatives got snookered.
45 posted on 02/02/2006 3:59:18 AM PST by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: libbylu

Does anyone here really believe that there is a serious Constitutional question as to whether lethal injection is cruel and unusual punishment? As opposed to hanging, or the firing squad, or anything else routinely used when the Constitution was drafted?

The guy pleaded guilty, for God's sake. A good conservative judge would not meddle in state criminal affairs on these facts. This is definitely evidence, albeit not conclusive, that Bush HAS screwed conservatives again.


46 posted on 02/02/2006 4:00:40 AM PST by Iconoclast2 (Two wings of the same bird of prey . . .)
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To: Supernatural

Just as I won't lament this development, so should the libs NOT celebrate it. One case does not make a 30 year legacy.

In the case of "cruel and unusual", it is not hard to see why this is important. Once this is decided, presumably in the "not cruel and unusual" direction, then EVERY state that has a death penalty will be free to use it when their preferred method (hanging, firing squad, etc.) is challenged. I see it as a way to streamline things ultimately, but I admit I am a bit "closer to the fence" on the question of the death penalty than many.


47 posted on 02/02/2006 4:09:56 AM PST by RangerM (Perhaps he was comfortable within his skin)
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To: RangerM

There is no more humane way to be put to death than lethal injection. Alito should know that by now.

Sandra Day O'Conner was supposed to be a conservative too. Remember what she turned out to be?


48 posted on 02/02/2006 4:15:23 AM PST by Supernatural (All the truth in the world adds up to one big lie! bob dylan)
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To: AntiGuv
Here's a good article: Alito's Record: Upholding executions, but not in every case.

I would call that a stellar record, not a mixed record. Alito makes sure the case was ruled correctly and the defendant given all reasonable appeals before allowing the killer to be put to death. Alito does not interfere in the process unless there is a problem.

49 posted on 02/02/2006 4:19:29 AM PST by Always Right
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To: PBRSTREETGANG
(Although I must admit it gave me pause to see him against Roberts, Scalia and Thomas right out of the box.)

I agree it was unsettling to hear this on tv news. Who would have thought that he wouldn't side with Roberts, Scalia, and Thomas on his first decision?

50 posted on 02/02/2006 4:19:47 AM PST by Dr. Scarpetta (Democrats would vote against Jesus Christ for the Supreme Court.)
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