Brian Nichols Captured!!!!

dsheli · #1 03-13-2005, 12:11 AM

Well as most of you guys know he was the guy who shot two Fulton County Deputies, a Judge and a Court Reporter. I am glad they got him.

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spydrz · #2 03-13-2005, 08:53 AM

Quote:

Originally Posted by dsheli

Well as most of you guys know he was the guy who shot two Fulton County Deputies, a Judge and a Court Reporter. I am glad they got him.

Also a Federal Agent over by Lenox.

motordavid · #3 03-13-2005, 09:17 AM

Maybe PNG or Verbalkint can 'splain to me:
this guy, not a career crim, but obviously guilty of some degree(s) of murder in multiple incidents, is gonna hang around the court sys for months/years, and then finally get sent to the pen. Probably life or umptyseven yrs on DRow with more appeal bs, etc. What a misuse of time/public dough/heartache for the vic's families.

How'bout a speedy & fair trial next week or month and, if found guilty, (not a stretch), hang 'em high the following week?

Not trying to sound like some jackboot far right wack, but ol'AmerikanBlindJustice sure moves slowly in these fairly obvious, (to us laymen), cases.

The limo liberal pop sociologists would probably argue with me,but I feel these media expanded, fairly obvious murder trial deals are not about justice or punishment for murder, or consolation or closure for the vic's fams, etc.

I realize there are hundreds,(pick a #), of tough luck stories of people in prison, railroaded and screwed by crooked investigations/bad cop deals, draconian drug "laws",etc. But, even back here in the last row of the peanut gallery, it's pretty fooking clear that this guy did it. He'll be in the joint from yesterday on, But his "justice procedure" will still be stumbling along this time Next Year, or longer.

NEway, get 'em tried, convicted If guilty, in a Speedy manner, and hang or shoot the bastards in multi executions on Fri eve Pay Cable/Sat. I'd sign up.

Off the soapbox. BR, Ol'UncleRant

spydrz · #4 03-13-2005, 09:59 AM

Quote:

Originally Posted by motordavid

Maybe PNG or Verbalkint can 'splain to me:
this guy, not a career crim, but obviously guilty of some degree(s) of murder in multiple incidents, is gonna hang around the court sys for months/years, and then finally get sent to the pen. Probably life or umptyseven yrs on DRow with more appeal bs, etc. What a misuse of time/public dough/heartache for the vic's families.

How'bout a speedy & fair trial next week or month and, if found guilty, (not a stretch), hang 'em high the following week?

Not trying to sound like some jackboot far right wack, but ol'AmerikanBlindJustice sure moves slowly in these fairly obvious, (to us laymen), cases.

The limo liberal pop sociologists would probably argue with me,but I feel these media expanded, fairly obvious murder trial deals are not about justice or punishment for murder, or consolation or closure for the vic's fams, etc.

I realize there are hundreds,(pick a #), of tough luck stories of people in prison, railroaded and screwed by crooked investigations/bad cop deals, draconian drug "laws",etc. But, even back here in the last row of the peanut gallery, it's pretty fooking clear that this guy did it. He'll be in the joint from yesterday on, But his "justice procedure" will still be stumbling along this time Next Year, or longer.

NEway, get 'em tried, convicted If guilty, in a Speedy manner, and hang or shoot the bastards in multi executions on Fri eve Pay Cable/Sat. I'd sign up.

Off the soapbox. BR, Ol'UncleRant

To think that right now the feds/GA are fighting over who gets to try him first...more wasted time.

Verbalkint · #5 03-14-2005, 08:57 PM

Length Advisory

Quote:

Originally Posted by motordavid

Maybe PNG or Verbalkint can 'splain to me: this guy, not a career crim, but obviously guilty of some degree(s) of murder in multiple incidents, is gonna hang around the court sys for months/years, and then finally get sent to the pen. Probably life or umptyseven yrs on DRow with more appeal bs, etc. What a misuse of time/public dough/heartache for the vic's families.

How'bout a speedy & fair trial next week or month and, if found guilty, (not a stretch), hang 'em high the following week?

I hear 'ya, UncleMotor, and I'm with 'ya. Since you asked, and since things were a bit slow this afternoon...

It’s a direct result of mandatory appeals and post conviction relief proceedings in death penalty cases.

The United States Supreme Court abolished the death penalty in the 1972 case of Furman v. Georgia, ruling that the death penalty, as it was then prescribed and implemented, was violative of the Eighth Amendment’s proscription against cruel and unusual punishment.

Since that time, 38 states have reenacted the death penalty (NY & KA death penalty statutes were declared unconstitutional in 2004). Most death row inmates currently spend a minimum of 10 years on death row, some much longer. The vast majority, if not all, of these states require mandatory appellate review whenever the death penalty is imposed.

In the federal system, unlike the state system, "there is only one appeal granted to the defendant as a matter of right and that appeal is limited to an appeal of the sentence and conviction to the United States Court of Appeals for the circuit in which the case was tried. All other post conviction relief, including Supreme Court appellate review, is discretionary and may only be requested once, except under the rarest of factual situations requiring both clear proof of innocence and certain constitutional violations." Link

The first execution under the federal death penalty statute since 1963 occurred in June 2001 when Timothy McVeigh was executed after his June 1997 conviction for the April 1995 bombing of the Alfred P. Murrah Federal Building. Four years awaiting execution. Fairly quick by today’s standards.

Unlike the federal system, both appellate review and post conviction relief proceedings abound in the state court system. There is mandatory direct appeal focusing on alleged errors of law that may have occurred during trial, including, but not limited to, attacking the legality of the conviction and sentence. This mandatory appeal is heard by the state's highest appellate court. If that court denies the appeal, the defendant has the right to then seek discretionary review of that ruling in the United States Supreme Court by filing a petition for writ of certiorari. If any errors in the trial court's proceedings are found, the case may be remanded back to the state court for further proceedings, and the process begins again. Even if the United States Supreme Court decides not to review the state decision, or reviews the state decision and affirms the death sentence, the defendant still has the right to file a writ of habeas corpus in federal district court.

This means that in the state system, defendants have the right to seek additional post conviction relief by challenging the imposition of the death sentence itself on constitutional grounds via a writ of habeas corpus. This type of relief is not available under the federal death penalty statute. Issues involving the appropriateness of the death penalty and/or the manner in which it is imposed, ineffective assistance of counsel, prosecutorial misconduct, and newly discovered evidence (DNA) may be raised. This proceeding may originate in state or federal court, and may proceed through the federal court system -- from District Court, to the Circuit Court of Appeals, eventually to the United States Supreme Court. Federal habeas corpus relief is generally not allowed until all direct appeals and post conviction proceedings have been exhausted in state court. (Thus, a writ of habeas corpus originally filed in the federal court will be sent back to the state court for further proceedings until all state remedies have been exhausted.) If the federal district court finds error in the state court proceedings, the death penalty conviction and/or sentence will be reversed and the case will be remanded back to the state trial court for still more proceedings, i.e., retrial or resentencing, and the process begins yet again. If the federal district court finds no error in the state court proceedings, the defendant may then seek review of that decision in the Circuit Court of Appeals, and eventually in the United States Supreme Court. See, Ohio's system, for example.

Theodore Bundy was executed in January 1989 after his July 1979 conviction for the January 1978 murders of two Florida State U. students. Ten years awaiting execution. Fairly typical in the state system.

What does this mean for Scott Peterson?

"In California, the chances are greater that a condemned inmate will die in prison than be executed by lethal injection. California is home to the nation’s most clogged death row, housing 641 condemned men and women, but the state has executed just 10 inmates since it resumed capital punishment in 1978."

Hope that helps.

rangerfan · #6 03-14-2005, 09:57 PM

Verbal, where were you in Con Law I and II, and Civ Pro?

Verbalkint · #7 03-14-2005, 10:14 PM

Quote:

Originally Posted by rangerfan

Verbal, where were you in Con Law I and II, and Civ Pro?

Reading Gilbert's and Emanuel's law outlines.

Wagner · #8 03-14-2005, 10:31 PM

Two days prior the judge caught him with two metal objects in his shoe, and warned attorneys. However, on the day of the shootings, Nichols was escorted by one female officer and had his cuffs removed to change clothes....and the rest insued.

Perhaps re-thinking escort procedures is in order.

motordavid · #9 03-15-2005, 06:43 PM

K/Verbal...Thanks for that informative post and links!

If/when I go off the fooking deepend, I'll need you as my
DefAtt.
But, having done a few days in the joint, my intent is to
never go back. ;>) BR, D

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