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US Supreme Court halts Texas execution
MSNBC ^ | 9-15-2011 | MICHAEL GRACZYK

Posted on 09/15/2011 7:05:17 PM PDT by smoothsailing

US Supreme Court halts Texas execution

MICHAEL GRACZYK

September 15, 2011

HUNTSVILLE, Texas — The U.S. Supreme Court halted the execution Thursday of a black man convicted of a double murder in Texas 16 years ago after his lawyers contended his sentence was unfair because of a question asked about race during his trial.

(Excerpt) Read more at msnbc.msn.com ...


TOPICS: Breaking News; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: barackmancantfry; deathpenalty; execution; executions; fairness; perry; race; scotus; texas; unfair
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1 posted on 09/15/2011 7:05:21 PM PDT by smoothsailing
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To: smoothsailing
Buck's guilt is not being questioned, but his lawyers say the jury was unfairly influenced

Sometimes the truth hurts. If his guilt is not in doubt it's time for him to take that walk down the hall to the stretcher. Texas taxpayers have supported him and his appeals long enough.

2 posted on 09/15/2011 7:09:16 PM PDT by McLynnan
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To: shield

*


3 posted on 09/15/2011 7:11:24 PM PDT by smoothsailing
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To: smoothsailing

It was probably a single SC justice who ordered the delay. I cannot see how the full SC panel would not allow it.


4 posted on 09/15/2011 7:14:19 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: smoothsailing

His black victims are still dead...


5 posted on 09/15/2011 7:15:13 PM PDT by eccentric (a.k.a. baldwidow)
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To: McLynnan

The Sun is more likely to rise in the East than the West but I guess that wouldn’t be allowed in a trial either.


6 posted on 09/15/2011 7:16:17 PM PDT by RipSawyer (Trying to reason with a liberal is like teaching algebra to a tomcat.)
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To: smoothsailing
Delaying the inevitable. Five times before, the SC order a new sentence for the same reason. All 5 times a new Texas jury gave another death sentence. This guy will be put to death.
7 posted on 09/15/2011 7:16:28 PM PDT by KingKongCobra
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To: Blood of Tyrants

It looks like they granted cert or are close to it.


8 posted on 09/15/2011 7:18:04 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: KingKongCobra

If so, it will be in a proceeding that is kept sterile of racial references.


9 posted on 09/15/2011 7:19:09 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: Blood of Tyrants

That’s what I wondered. I thought I had heard that a single Justice can stay an execution if an appeal goes to the U.S. Supreme Court.

I wonder if one of the liberal bloc did this???


10 posted on 09/15/2011 7:24:53 PM PDT by Dilbert San Diego
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To: Blood of Tyrants
It was probably a single SC justice who ordered the delay. I cannot see how the full SC panel would not allow it.

Each justice is assigned a specific Circuit and stays of execution can be granted by the single justice administering that Circuit.

HOWEVER, the justice's decision CAN be appealed to the FULL Court and the majority opinion [if in opposition] CAN overturn the original stay ...

11 posted on 09/15/2011 7:26:22 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Blood of Tyrants
It was probably a single SC justice who ordered the delay. I cannot see how the full SC panel would not allow it.

The article makes it sound like more than one justice was involved.

..was spared from lethal injection when the justices, without extensive comment, said they would review an appeal in his case.

12 posted on 09/15/2011 7:26:44 PM PDT by smoothsailing
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To: Cincinatus' Wife; RoosterRedux; jonrick46; deepbluesea; RockinRight; TexMom7; potlatch; ...
Perry Ping....

IF you'd rather NOT be pinged FReepmail me.

IF you'd like to be added FReepmail me. Thanks.

13 posted on 09/15/2011 7:28:26 PM PDT by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: KingKongCobra

I’ve often thought that perps who laugh at their victims should be denied the right to a last meal and a final statement. Just get a volunteer guard to walk into their cell at 6 a.m. every morning for a week or so and cold cock the bastard. One day, there will be a live round in the chamber, but the perp will never know when.


14 posted on 09/15/2011 7:28:44 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: smoothsailing
Now, more than ever, I want my country back. The Supreme Court has forgotten the Tenth Amendment and has overlooked that the murderer was guilty beyond all doubt.

May God Bless Texas, the one state that truly values the sanctity of life by unabashedly eliminating the scum that wantonly take it.

15 posted on 09/15/2011 7:32:14 PM PDT by re_nortex (DP...that's what I like about Texas.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks smoothsailing.
...a black man convicted of a double murder in Texas 16 years ago after his lawyers contended his sentence was unfair because of a question asked about race during his trial.
His lawyers should also be executed -- but to make sure there's no technicality bullsh!t about their executions, they should be executed without trial.


16 posted on 09/15/2011 7:32:59 PM PDT by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: Vigilanteman
I’ve often thought that perps who laugh at their victims should be denied the right to a last meal and a final statement.

None of these evil people deserve any such liberal treatment. There should be no last meal and no final statement allowed from these scum.

17 posted on 09/15/2011 7:34:49 PM PDT by re_nortex (DP...that's what I like about Texas.)
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To: Dilbert San Diego

A vote of four can grant cert. Doubtless the liberal four all signed on, and it’s possible that Kennedy or Thomas went off the reservation.

If America is serious about being race blind, a new sentencing hearing for this killer is a small price to pay for it.


18 posted on 09/15/2011 7:35:25 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: re_nortex

Good luck getting that ensconced in law anywhere, even Texas.


19 posted on 09/15/2011 7:36:11 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: re_nortex

How about unabashedly walling out the influx of a demographic group — illegales from Latin America — that is disproportionately involved in killings in Texas and other states?


20 posted on 09/15/2011 7:38:30 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: re_nortex

“the one state”.........One of the states. Tennessee still carries capital punishment as well as many others.


21 posted on 09/15/2011 7:42:14 PM PDT by eyedigress ((Old storm chaser from the west)?)
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To: eccentric

...and he still killed them both.


22 posted on 09/15/2011 7:45:04 PM PDT by Delta 21 (Make your choice ! There are NO civilians.)
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To: HiTech RedNeck
A vote of four can grant cert. Doubtless the liberal four all signed on, and it’s possible that Kennedy or Thomas went off the reservation.

This was just a stay pending consideration of his appeal. They have not granted cert yet. The stay was issued without comment or recorded dissents.

23 posted on 09/15/2011 7:46:57 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: smoothsailing
There's that word "unfair" again.

What's unfair is the double-murder and the two children witnessing it.

This is just postponing the inevitable.

24 posted on 09/15/2011 8:08:15 PM PDT by newzjunkey (Will racist demagogue Andre Carson be censured by the House?)
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To: KingKongCobra

“Delaying the inevitable.”

Absolutely correct. There was precedence set with five other cases because an “expert witness” brought in racism.

The facts remain the same. I don’t believe a new sentencing jury will find any other verdict.

The only thing I am confused about is that the news reported it was the Texas SC..not the US SC.


25 posted on 09/15/2011 8:34:00 PM PDT by berdie
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To: Lurking Libertarian; OldDeckHand; tired_old_conservative

SCOTUS ping.

(New SCOTUS ping list starting up. Anyone on/off, freepmail me.)


26 posted on 09/15/2011 9:15:37 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: smoothsailing

US Supreme Court stops the execution of a convicted murderer, where there is no doubt of his guilt, but they won’t take up Obamacare’s constitutionality, which impacts the entire US population.

I would say their priorities are not right.


27 posted on 09/15/2011 9:20:21 PM PDT by Clairity ("The United States needs to be not so much loved as it needs to be respected." -- VP Dick Cheney)
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To: JDW11235

SCOTUS ping.

(Forgot you on the original ping.)


28 posted on 09/15/2011 9:29:55 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Vigilanteman

Seems I read a while back that that’s how some Russian prisons handled death row inmates.


29 posted on 09/15/2011 9:39:25 PM PDT by Magic Fingers
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To: SunkenCiv

“His lawyers should also be executed — but to make sure there’s no technicality bullsh!t about their executions, they should be executed without trial.”

There is no room among decent human beings for that kind of remark. Such a remark is particularly out of place among thoughtful conservatives who have a reverence for human life.

The lawyers have almost certainly done nothing illegal or immoral. In light of the fact that the execution was stayed, it even appears the lawyers might well have committed malpractice if they had not sought the stay.


30 posted on 09/15/2011 9:55:08 PM PDT by olrtex
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To: newzjunkey

Fair is not an electric chair; fair is electric BLEACHERS.


31 posted on 09/15/2011 9:56:44 PM PDT by imjimbo (The constitution SHOULD be our "gun permit")
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To: SunkenCiv

“His lawyers should also be executed — but to make sure there’s no technicality bullsh!t about their executions, they should be executed without trial.”

Apparently Associate Justice Antonin Scalia ordered the temporary stay of execution. I suppose you also think he should be executed.


32 posted on 09/15/2011 10:10:56 PM PDT by olrtex
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To: HiTech RedNeck

Apparently Associate Justice Antonin Scalia ordered the temporary stay of execution.


33 posted on 09/15/2011 10:13:30 PM PDT by olrtex
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To: re_nortex

I’ve always advocated that if a person is sentenced to death than the penalty should be carried out in the same manner as the original crime. I volunteer for the duty.


34 posted on 09/15/2011 10:37:17 PM PDT by animal172 (Please Lord. Come get the liberals.)
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To: olrtex

“Apparently Associate Justice Antonin Scalia ordered the temporary stay of execution. I suppose you also think he should be executed.”

Why not? Italians are more likely to be in the mafia. /s


35 posted on 09/15/2011 11:09:29 PM PDT by sagar
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To: HiTech RedNeck

“If America is serious about being race blind, a new sentencing hearing for this killer is a small price to pay for it.”

It’s that kind of thinking that got us an Obama.

“If America is serious about being race blind, we should
elect this worthless jackass black guy (Obama)over the just
as worthless jackass white guy (McCain)”


36 posted on 09/16/2011 12:03:30 AM PDT by Slambat (The right to keep and bear arms. Anything one man can carry, drive or pull.)
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To: Blood of Tyrants; Dilbert San Diego; Lmo56

You’re correct, it was Scalia who granted it. Admit it, you didn’t see that one coming.


37 posted on 09/16/2011 1:13:10 AM PDT by Melas (u)
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To: HiTech RedNeck

No, this is a stay pending the certification of the writ of a priori. It only takes one justice to stay the execution, but at least 4 members to grant the writ. If the writ is granted then the execution remains in suspension until and if the high court affirms the lower court by a majority vote. If not, the execution is back on.

Scalia stayed the execution btw.


38 posted on 09/16/2011 1:16:01 AM PDT by Melas (u)
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To: imjimbo

“People say they can`t find anyone to pull that lever. I`ll pull it and fry `em up two at a time! Gotta go! Gotta go!”

—Late comic Robin (Bebe`s Kids) Harris


39 posted on 09/16/2011 1:57:57 AM PDT by ScottinVA (With "successes" like the Libya adventure, who needs failure?)
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To: SunkenCiv

Sigh... Are you sure you don’t want to be president?


40 posted on 09/16/2011 4:28:49 AM PDT by TheOldLady
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To: Vigilanteman

Maybe add a blank round to it once in a while to make things interesting. But I like the Iraqi methode. One quick appeal and then off to the necktie party. No delays. I want the victim’s body still warm when the perpetual joins him.


41 posted on 09/16/2011 4:42:48 AM PDT by LevinFan
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To: Slambat
It’s that kind of thinking that got us an Obama.

No, that's not the same kind of thinking that got us an Obama. In this case, in order to impose the death penalty, Texas jurors must find that the defendant will likely commit future violent crimes. Race is (or should be) irrelevant to that determination, because the issue is whether one particular defendant will commit future crimes, not whether blacks as a race are likely to commit future crimes. So, allowing race to be a consideration is improper, and not at all race-blind.

In the case of Obama, his election was the precise opposite of race-blind. America didn't elect Obama with no consideration of his race, America elected Obama because of his race.

42 posted on 09/16/2011 4:49:49 AM PDT by Conscience of a Conservative
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To: smoothsailing

Better safe than sorry, no matter how stupid the reason.


43 posted on 09/16/2011 6:19:00 AM PDT by Lazamataz (If Hitler had been as lazy as Obama, the 1940's would have been a very nice decade!!)
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To: Slambat

McCain himself was much to blame for the perception that the presidential race in 2008 was tweedledee vs. tweedledum. But even then your comment would not be accurate. A “race blind” choice between the two would mean throwing dice in the voting booth. Not an “affirmative action” move. Let me repeat: Court proceedings should be kept sterile of racial bias, not affirmative-action biased. A new hearing sterile of racial bias would achieve this.


44 posted on 09/16/2011 6:43:34 AM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: Conscience of a Conservative

Well said.

I think the definite lesson in this case is that the prosecution, in future, should avoid making a case based on race.


45 posted on 09/16/2011 6:57:21 AM PDT by Winstons Julia (when liberals rant, it's called free speech; when conservatives vent, it's called hate speech.)
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To: KingKongCobra
"Delaying the inevitable. Five times before, the SC order a new sentence for the same reason. All 5 times a new Texas jury gave another death sentence. This guy will be put to death. "

Possibly, but only after squandering more taxpayer money on his defense, the prosecution, and feeding and housing him.

46 posted on 09/16/2011 9:23:17 AM PDT by ronnyquest (I spent 20 years in the Army fighting the enemies of freedom only to see fascism elected at home.)
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To: smoothsailing
Buck's guilt is not being questioned

If his guilt is not in question then what's the problem ? Just slip the noose around his neck.

47 posted on 09/16/2011 11:59:44 AM PDT by libh8er
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To: McLynnan

Texas should carry out the execution as planned in defiance of the self anointed Federal Dictators in black-robes. He is either guilty or innocent his race ain’t got nothing to do with his actions. This man has been lawfully found guilty.


48 posted on 09/16/2011 5:48:11 PM PDT by Monorprise
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To: Blood of Tyrants

A ‘wise latina’ perhaps?


49 posted on 09/16/2011 7:51:12 PM PDT by robowombat
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To: olrtex
Many criminal defense lawyers are objectively evil people. They are the sort of liberal that believes the actions of their clients are justified rage by victims of ‘historical injustice’ and that the victims and these like us who pay our taxes and basically are law abiding are really the guilty as we help perpetuate the ‘historical injustices’ trough being complicit in ‘white skin privilege’. So many of these educated fools are virtually nothing more than criminal enablers. They feel great moral superiority over us and they ave a lot of little ways of letting you know that.
50 posted on 09/16/2011 7:59:47 PM PDT by robowombat
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