[Deathpenalty] death penalty news----TEXAS, OHIO, FLA.

2011-11-08 Thread Rick Halperin





Nov. 8


TEXAS:

Death row inmate gets execution stay, amid requests for DNA testingSkinner: 
How do you reconcile possibly dying for something that you didn't do?



For nearly 2 decades, locked away on Texas death row, Hank Skinner has 
proclaimed that he is not a killer.


I think about it every day. How do you reconcile possibly dying for something 
that you didn't do?


Skinner was scheduled to die Wednesday, but late Monday a Texas court granted a 
stay so his attorneys can pursue more DNA testing.


In 1995, a Tarrant County jury found Skinner guilty of beating his live-in 
girlfriend, Twila Busby to death in their panhandle home and stabbing to death 
her two grown sons. Skinner claimed he was unconscious on the sofa, intoxicated 
on a mix of vodka and drugs. But, police found his blood at the gruesome crime 
scene.


Prosecutors have maintained through the years, that Skinner is the killer. They 
have fought repeated requests by Skinner to perform DNA tests on evidence found 
at the scene, including a rape kit, bloody knives and material under the 
victim's fingernails.


Most recently, Skinner applied for a fourth time for testing under an expanded 
DNA testing law that took effect in Texas in September. Some lawmakers believe 
his situation does qualify him for post-conviction DNA tests, but the Attorney 
General's office has fought the request. Last week, a judge denied the request, 
but Skinner's lawyers appealed.


Everything should be tested, SMU professor, Rick Halperin said.

Halperin, who opposes the death penalty believes opponents of the testing don't 
want any flaws in the system to be revealed.


If the evidence raises doubt, it will put the state in the worst possible 
light.


Texas has some of the strongest post-conviction DNA laws in the country. Under 
the statutes, 45 innocent men have been exonerated. But there have been 
concerns the system could also be abused by inmates who request too many tests, 
that may ultimately be meaningless.


Even if there is a test it doesn't always produce a result that will exonerate 
or clear someone accused of a crime, former prosecutor, Toby Shook said.


(source: KDAF TV News)



Impending executions in Texas


date--# under Gov. Perryname--# in Texas since 1982

Nov. 16--239--Guadalupe Esparza---477

Jan. 26--240--Rodrigo Hernandez---47850 % of all Tx. 
executions carried out under Gov. Perry, since 2001


Feb. 1---241---Donald Newbury--479---more than 50 % of 
all Tx. executions now carried out under Gov. Perry's tenure


Feb. 29--242---George Rivas-480

Mar. 7---243---Keith Thurmond---481

Mar. 28--244---Jesse Hernandez482

(sources: TDCJ  Rick Halperin)

OHIO:

Appeals court to look at death sentencePanel overturned penalty in ’84 New 
Concord murder case



In another twist in one of Ohio’s most convoluted murder cases, the 6th U.S. 
Circuit Court of Appeals will decide whether John David Stumpf should get the 
death penalty again for killing a New Concord woman 27 years ago.


It is a mixed blessing for Chris Stout, a Dublin man whose mother, Mary Jane 
Stout, was shot to death during a robbery at her home about 70 miles east of 
Columbus on May 13, 1984. His father, Norman, was shot and survived but is 
permanently disabled.


Stumpf, 51, will not go free or get a new trial — at least not now.

But it also means painful memories will return to haunt Stout and his family, 
as they do each time there is a hearing or a decision in a case that began when 
Ronald Reagan was president.


In the latest development, the Cincinnati-based federal appeals court on Oct. 
26 accepted Attorney General Mike DeWine’s request that the full court 
reconsider a 2-1 decision made in August by a 6th Circuit panel. After a 
four-year wait, the panel overturned Stumpf’s death sentence, concluding that 
his constitutional rights had been violated by a prosecutor who told the jury 
he was the triggerman in Stout.


Now, all available judges will hear the case sometime next year.

“I’m glad we’re getting in front of all the judges,” said Stout, a former state 
prison corrections officer. “I can’t wait to see all of them in the same room 
to do their job.”


Stout has made no secret of his dissatisfaction with the courts’ handling of 
his mother’s murder case. It has been up and down since September 1984, when 
Stumpf was convicted and sentenced to death.


Twenty years later, a three-judge panel of the 6th Circuit Court overturned 
Stumpf’s conviction and death sentence.


A year after that, the U.S. Supreme Court reversed that decision and sent 
Stumpf’s case back to the appeals court for action.


That set the stage for the August decision and, ultimately, the new hearing by 
the full court. Stumpf’s attorney must file briefs by Dec. 1 and DeWine’s 
office 

[Deathpenalty] FW: BOOK: United Ireland, Human Rights Int'l Law / Boyle

2011-11-08 Thread Boyle, Francis
 

 

Francis A. Boyle

Law Building

504 E. Pennsylvania Ave.

Champaign, Illinois 61820

217-333-7954 (voice)

217-244-1478 (fax)

(personal comments only)

 

From: Boyle, Francis 
Sent: Tuesday, November 01, 2011 1:21 PM
To: Killeacle
Subject: FW: BOOK: United Ireland, Human Rights  Int'l Law / Boyle

 

 

From: Clarity Press, Inc. [mailto:clar...@islandnet.com] 
Sent: Tuesday, November 01, 2011 11:46 AM
To: Boyle, Francis
Subject: BOOK: United Ireland, Human Rights  Int'l Law / Boyle

 

  

 
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During the past three decades, international legal expert Francis
A.Boyle has dealt with some of the most difficult problems created
byBritain's continued military occupation of six northeast counties
inIreland. In so doing, he along with other Irish Americans engaged the
formidable Irish American domestic lobby in support of the Irish
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This book addresses some of the most important aspects of their historic
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implementing the MacBride Principles to roll back discrimination against
Catholics in Northern Ireland.

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laissez-faire economic policy, but of intentional British genocide.

This is the definitive book on all legal/political/human rights aspects
of the Irish conflict, including Britain's international legal
obligation to decolonize Northern Ireland and going forward, a legal and
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can live in peace with justice for all irrespective of their
differences.

United Ireland, Human Rights, and International Law is required reading
for Irish Americans, people living in Ireland, and the Irish Diaspora
around the world. 

  

TABLE OF CONTENTS
Dedication Irish America
Chapter 1.
The Irish Hecatomb: The Legal Case for the
Potato Famine as British Genocide / 19
Chapter 2
The Decolonization of Northern Ireland / 64
Chapter 3.
Putting Britain's Colonial War in Ireland
on Trial in the USA / 89
Chapter 4.
The Struggle to Free Joe Doherty / 99
Chapter 5.
Opposing the U.S.-U.K. Extradition Treaty / 123
Chapter 6.
Advocating the MacBride Principles for
Northern Ireland / 154
Chapter 7.
Sparing Robert John MacBride / 184
Chapter 8.
Designing United Ireland / 188
Index 

  

  

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Dual National FRANCIS BOYLE (right) 

with SEAN MACBRIDE, S.C. 

Foreign Minister for the Republic of Ireland 

Nobel Peace Prize Laureate and 

Chief of Staff of the Irish Republican Army 


FRANCIS A. BOYLE is a leading American 
expert in international law. He was 
responsible for drafting the Biological 
Weapons Anti-Terrorism Act of 1989, the 
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1972 Biological Weapons Convention. He 
served on the Board of Directors of 
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represented Bosnia-Herzegovina at the 
World Court. He served as legal adviser to 
the Palestinian Delegation to the Middle 
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1993. In 2007, he delivered the Bertrand 
Russell Peace Lectures. Professor Boyle 
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and American Foreign Policy, Foundations 
of World Order, The Criminality of Nuclear 
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[Deathpenalty] [SPAM] death penalty news----worldwide

2011-11-08 Thread Rick Halperin






Nov. 8




IRAQ:

Tunisian’s Execution Postponed in Iraq After Intervention by Rached Ghannouchi


The execution of a young Tunisian in Iraq has been stayed after the 
intervention of Ennahda party leader Rached Ghannouchi.


Yosri Triki left Tunisia to fight against the United States in Iraq in 2003. 
His execution by the Iraqi government, rumored to be scheduled for today, has 
been suspended, pending a future trial. According to Yosri’s father, Fahker 
Triki, the personal intervention of Rached Ghannouchi, leader of moderate 
Islamist party Ennahda, was instrumental in securing the delay. An Ennahda 
spokesperson confirmed this new development to Tunisia Live this afternoon.


Yosri was captured by the Iraqi police on May 5th, 2006 in the Salaheddine 
district, located in northern Iraq. Under reported conditions of torture, Triki 
admitted to his involvement in the bombing of Marqad al Imamayn Houssin and 
Hedi Askari — a tomb of two imams located in Samarra, north of Baghdad. 
According to Rachid Mefli, a lawyer and legal director for Al Karama Human 
Rights Association, Triki was forced to sign a statement of confession in 
October of 2010. Without a chance to defend himself, Yosri was sentenced to 
death that very month, on October 10th.


According to Farid, the Ennahda spokesperson with whom Tunisia Live spoke this 
afternoon, Iraq’s Prime Minister Nouri Maliki telephoned Rached Ghannouchi at 
12:45 pm today to give his word to the Ennahda leader that Triki’s execution 
would be canceled until further notice. Ghannouchi subsequently issued the 
following statement to his spokesperson to release to the media: “After 
communicating with the Iraqi government, we have received a promise from Nouri 
Meliki to halt the execution of Yosri Triki.”


When Tunisia Live spoke with Yosri’s father, Fakher Triki, Fakher expressed his 
elation with the recent turn of events, and stated that the trial has been 
postponed until after the Eid holiday, which concludes on Monday.


Ennahda’s spokesperson could not comment on the future of Yosri Triki’s case, 
however, and could neither confirm nor deny Fakher’s claims that the trial 
would be reopened after Eid’s conclusion.


Yosri Triki is not the only Tunisian living in Iraq who has been detained since 
the war broke out with the United States in 2003. According to an article 
issued by the Tunisian news source TAP on November 3rd, 2011, there were 
approximately 1,000 Tunisians living in Iraq during the war in Iraq in 2003, 
and of them 85 have been jailed. Like Yosri, a number of these Tunisians 
traveled to Iraq in order to become shuhada, or martyrs, while others were 
already working in the country as students or merchants. On November 3rd, 2011, 
the parents of many of these Tunisians gathered in front of the Tunisian 
Ministry of Foreign Affairs in protest of the Ministry’s inaction, and urging 
the administration to take more forceful steps to free the 85 Tunisians who 
remain incarcerated in Iraq, and who may very well face a fate similar to that 
of Yosri Triki.


(source: Tunisia Live)






NIGERIA:

'Some Judges Still Write Judgments Under Candle Light'


Akinlolu Timothy Kehinde was called to the Bar in 1986 and since then he has 
been in practice. He did his NYSC in Gongola State, now Adamawa, worked with 
eminent lawyers such as Paul Usoro SAN, for about 15 years. He has been on his 
own, he has an office in Kaduna and equally has a branch in Abuja. In this 
interview with Adelanwa Bamgboye he speaks about the criminal law practice and 
the judiciary and traditional institution.


Do you handle free cases (pro bono cases)?

Yes I do and I have discovered over the years that most of the people that 
require pro bono cases are the indigent people and because they are indigent, 
they don't have the capacity to pay lawyer. Since they cannot engage 
experienced hands, most of them have their cases messed up. With due respect to 
my younger colleagues , I have had to take up a number of these pro bono cases 
even up to the Supreme Court. By the grace of God, we have been able to repair 
some of the damages and get some of the people off the hook. At the moment we 
still have a number of these pro bono cases at the appellate court - but we 
will continue to do our best, the best we can contribute to the legal 
profession.


How would you feel to learn that the Federal Ministry of Justice has a fund 
running into billions of Naira for prison decongestion and yet you are engaging 
in pro bono cases?


Yes, I am aware of the prison decongestion fund arrangement. It was a beautiful 
idea that was started by Chief Bayo Ojo SAN and my firm also participated in 
between 5 to 10 of such cases. The records are there, all the 5 to 10 people 
were either discharged or acquitted or had their cases dismissed.


Are you saying that the management of the prison decongestion fund is in order?

Yes it is in order but because of the Nigerian factor, over the years we