Tuesday, October 17, 2006

Texas Court of Criminal Appeals and US 5th Circuit Court of Appeals Still Defying US Supreme Court on Death Penalty

Scotusblog reports on the U.S. Supreme Court agreeing to hear three more death penalty cases from Texas on an issue that they have decided multiple times already. Two of these cases are from the 5th Circuit and one is from the Texas Court of Criminal Appeals (the court of last resort for criminal cases in the state). In all three cases, these courts have continued to defy the Supreme Court opinions on the issue of the error of the jury instructions in the sentencing phase of capital cases. In one of the cases, the Supreme Court summarily reversed (without argument) the lower court, telling them that they really, really meant it, and the court took the case back on remand and still upheld the death sentence. Despite these various judge's active defiance of binding case law, I haven't heard any conservatives screaming about how these judicial activists need to be impeached.

2 Comments:

Anonymous ex-nonresident-resident said...

In 1965 the Voting Rights Act became national law, but State College, PA, refused to abide by it, maintaining their poll tax and local control of voter registration. The state supreme court ruled their practices unconstitutional in 1966, and again in 1967, and still SC would not budge. Then Harrisburg sent a convoy of State Police cars off to State College to make arrests. State College then caved on the poll tax, and the Staties were recalled. (SC maintained local registration, replacing the poll tax with something more devious: your only proof of residency was your name on a deed to land in the city of State College).

Send the National Guard to Texas to maintain order and assist US Marshals arresting everyone who's been uppity. Texas will cave. It's a matter of overwhelming force scaring overbearing farce.

10/17/2006 6:52 PM  
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