[Deathpenalty] death penalty news----worldwide
March 30 PAKISTAN: Muslim mob demands death penalty for blasphemy This report from Al-Jazeera is clear as a bell as to what millions of Muslims in Pakistan want: Death to blasphemers of Islam. Note what the Islamic religious leader interviewed made clear. No one who will not support killing those who criticize Islam or its iconic figures can live without fear of being killed, even by their own guards or state security. That they want the man who murdered the state governor who acted on behalf of a Christian woman to at least commute her death sentence for blasphemy, be declared a national hero. The killer of the Governor was hanged by Pakistan on February 29th this year. They want the woman to be re-arrested and executed. Not retried, but executed after arrest. (No due process for those accused of blasphemy of Islam, and certainly not for Christians.) All people currently in jail for blasphemy of Islam charges to be executed. "People from within your ranks will kill you. Your bodyguard will kill you.Your servants will kill you..." And this is how sharia works. Not by legislation, but by terror, intimidation, murder and subversion of the process of law and order. (source: therebel.media) INDIA: Mumbai blast verdict: Muzammil, Nachan plead for leniency A day after a special court convicted 10 out of 13 on trial but only 1 Muzammil Ansari for an active role in the conspiracy for causing 3 blasts between December 2002 and March 2003 at Mumbai Central, Vile Parle and Mulund, he and all the others on Wednesday pleaded for leniency on the quantum of sentence, which the court has to now decide. The court had held four others guilty for abetting the blasts conspiracy and acts of terror, three only for terrorist act by virtue of possessing unauthorised weapons in prohibited areas under Prevention of Terrorism Act (Pota) and also under Arms Act while holding 3 others guilty only for arms possession as a lesser offence under the Arms Act and completely acquitted 3 others of all charges. Between all 13, the court had framed 166 charges, most against Muzzammil. He had 43 charges framed against him for offences under various for having caused all the three blasts, as a planter. There were 29 charges common to almost all for having conspired in May 2001, prepared and committed terrorist acts "with an intention to threaten the unity, integrity and sovereignity of Indi and strike terror'' among people, by eventually executing the blasts, that killed 12 persons and left over 130 injured, most with hearing losses. Saquib Nachan, a 56 year old resident of Borivli Village, Padgah in Thane district near Mumbai, was the first to start and most articulate. He along with Ateef Mulla and Haseeb Mulla was held guilty of possession of arms under Pota and Arms Act, attracting maximum life sentence. But he deftly pointed out to an attentive special judge P R Deshmukh that the law allows the court a "power to impose even a sentence of a few hours or a day, or even just fine and no imprisonment, as it sets no minimum term''. The reason he said was because the earlier, repealed anti terror act of Terrorist and Disruptive Activities (Prevention) Act (Tada) had a similar but a draconian provision that laid down a minimum 5 year sentence, which was misused by authorities. He started at 12.30 pm and said "I had myself surrendered on April 10, 2003 pursuant to moving the Bombay high court. I also sought a CBI probe. Which foolish accused would seek a CBI probe against himself?'' "I have completed 7 years 9 months in jail in this case before getting bail in 2011. My father, a well regarded man had asked me to surrender after asking me if I had done anything wrong. I said I Hadnt. He had immense faith in the judiciary. He died last month. My sons were called sons of a terrorist. My daughter was one year old when I was arrested, my sons in school. Now I am a grandfather.'' "My father was a prominent leader not only among Muslims but for all the communities in Padgah. He ran institutions for uplifting the people. But the terror tag caused his prominence to suffer too." Nachan also said that his sons' education took a hit. "The emotional loss is irreversible." Nachan said, "I have not been found guilty of any other charge including the charge of causing terror, for which I am grateful to this court. I advised other accused to view this judgment in positive angle.'' Ateef Mulla, a fair 40 year old MBA from Padgah spoke next. He spoke softly of how he has "no criminal antecedants'' and never once violated any of the strict bail conditions in the last ten years after being released in 2005, the first to be given bail in this case. But even the judge's voice softened later when Ateef spoke of how his "youngest, 2 year old son is suffering from a Beta Thallesemia syndrome and underwent a bone marrow transplant in a Pune hospital which has cautioned extreme
[Deathpenalty] death penalty news----TEXAS, FLA.
March 30 TEXASstay of impending execution Father who killed daughters given death penalty reprieve A federal appeals court Wednesday stopped the scheduled lethal injection of a former accountant hours before he was to be executed for gunning down his 2 young daughters in Dallas 15 years ago while his ex-wife -- their mother -- was listening helplessly on the phone. Attorneys for John David Battaglia argued he deserved a court-appointed attorney to investigate claims that he may be mentally incompetent for execution, and that a hearing should be held on those assertions. The 5th U.S. Circuit Court of Appeals agreed, halting the punishment about 7 hours before Battaglia, 60, was scheduled to be taken to the Texas death chamber. The U.S. Supreme Court has ruled that a prisoner can be executed if he's aware that the death penalty is set to be carried out and understands why he's facing the ultimate sentence. The appeals court said Battaglia "has presented some evidence of mental illness and delusions," although it was not clear if he was incompetent. "His newly appointed counsel may locate and produce more (evidence)," the 3-judge appellate court based in New Orleans panel said in a 10-page ruling halting the execution. The state of Texas said it had no plans to appeal. Battaglia was convicted of killing his daughters, Faith, 9, and Liberty, 6. Authorities said the slayings were revenge for their mother's complaints to Battaglia's parole officer that led to a warrant for his arrest. Evidence showed that at the time of the shootings, Battaglia was on probation for a Christmas 1999 attack on his estranged wife Mary Jean Pearle, the girls' mother. Their divorce was finalized the following August. Around Easter 2001, Battaglia called Pearle, swearing at her and calling her names, a violation of his probation. She reported the incident to his probation officer and Battaglia learned on May 2, 2001, that an arrest warrant had been issued. That evening, Pearle left their daughters with him for a planned dinner. She soon received a message that one of the girls had called for her. Pearle returned the call and Battaglia put her on speakerphone, telling Faith to ask her mother: "Why do you want Daddy to go to jail?" Pearle heard the child cry out: "No, Daddy, please don't, don't do it." Pearle yelled into the phone for the girls to run and heard gunshots, followed by Battaglia telling her: "Merry ... Christmas," the words divided by an obscenity. After hearing more gunfire, Pearle hung up and called 911. Evidence showed Faith was shot 3 times, Liberty 5. A semiautomatic pistol found near the kitchen door was among more than a dozen firearms recovered from Battaglia's apartment. Hours later, Battaglia was arrested leaving a tattoo shop where he had 2 large red roses inked on his left arm to commemorate his daughters. 9 convicted killers have been executed in the U.S. this year, 5 in Texas. Another Texas inmate is set to die next week. (source: Associated Press) * Executions under Greg Abbott, Jan. 21, 2015-present18 Executions in Texas: Dec. 7, 1982present-536 Abbott#scheduled execution date-nameTx. # 19-April 6--Pablo Vasquez-537 20-May 11---Terry Edwards-538 21-June 2---Charles Flores539 22-June 21--Robert Roberson---540 23-July 14--Perry Williams541 24-July 27--Rolando Ruiz--542 25-August 23Robert Pruett-543 (sources: TDCJ & Rick Halperin) FLORIDA: Prosecutors want death for Cocoa man who buried woman alive Jury selection is underway for the trial of a Cocoa man charged with kidnapping a Bahamian woman and burying her alive in concrete a decade ago. Prosecutors are seeking the death penalty for 37-year-old Vahtiece Alfonzo Kirkman, who is already serving a life sentence in state prison for his role in the 2006 robbery-related shooting death of 29-year-old Willie Parker in Cocoa. Prosecutors say Kirkman learned that the victim in the latest case - 22-year-old Darice Knowles - had gone out on a date with a Cocoa police officer after Parker's slaying and suspected she was giving the officer information about his involvement. Kirkman then hatched a plan to kidnap and kill Knowles, with help from her boyfriend, Christopher Pratt. The trial - the 2nd murder conviction case the state has pursued against Kirkman - is being held at the Moore Justice Center in Viera and is expected to last 2 weeks. Jurors will hear from several witnesses who will detail how Knowles traveled from her home in the Bahamas to visit friends in Cocoa. She was staying with Pratt when she went missing a short time later in March 2006, authorities said. Family members
[Deathpenalty] death penalty news----TEXAS
March 30 TEXASstay of impending execution Execution stay issued for John Battaglia, Dallas man who murdered his 'little babies' The former Dallas accountant scheduled to be put to death Wednesday for murdering his young daughters in 2001 has been issued a last-minute stay of execution. The Fifth Circuit Court of Appeals on Wednesday granted John Battaglia a reprieve so his attorney can pursue claims that he should be spared because of mental health problems. Battaglia shot and killed his daughters, 9-year-old Faith and 6-year-old Liberty, on May 2, 2001, in an act of vengeance against his ex-wife, who had been trying to have him arrested for violating his domestic violence probation. He arranged for his ex, the girls' mother, to listen on the phone as he shot them. "No, Daddy! Don't do it!" the older girl pleaded before she died. Afterward, Battaglia headed to a nearby tattoo parlor to have 2 red roses etched into his arm - in memory, he said, of his little girls. At his capital murder trial, defense psychiatrists testified that Battaglia suffered from bipolar disorder. An adult daughter from his first marriage later said he was also diagnosed with narcissistic personality disorder, characterized by manipulative behavior, a hyperinflated sense of self-importance and a lack of empathy. Now 60 years old, Battaglia has been on death row for 14 years. His latest attorney, Gregory Gardner, argued in appeals paperwork that his client was incompetent to be executed. The appeals court ruled that Battaglia previously "lacked counsel to prepare his claim of incompetency" and issued a stay to give Gardner time to pursue his case. The state could still challenge the court's opinion ahead of Battaglia's scheduled execution, which was set for shortly after 6 p.m. A spokeswoman for the Texas Attorney General's Office said she could not say whether the office planned to appeal. In a 2014 interview with The Dallas Morning News, Battaglia said he was "a little bit in the blank" about what happened to Faith and Liberty: "I don't feel like I killed them." He also said he didn't worry about being put to death because "this isn't a permanent place." He called his daughters his "best little friends," just the "nicest little kids" imaginable, and said he doesn't grieve for his daughters because they remain with him. "Why would I worry about where they are now?" he asked. "We're all here, we're all gone at the same time. I'm not worried about it." (source: Dallas Morning News) ___ A service courtesy of Washburn University School of Law www.washburnlaw.edu DeathPenalty mailing list DeathPenalty@lists.washlaw.edu http://lists.washlaw.edu/mailman/listinfo/deathpenalty Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
[Deathpenalty] death penalty news----worldwide----PAK., MALAY., IRAQ, S. ARAB., TAN.
March 30 PAKISTAN: PHC stays execution of 'terrorist' The Peshawar High Court (PHC) on Tuesday stayed the execution of a convicted terrorist that was scheduled to take place in Kohat prison today (Wednesday). A military court had awarded death sentence to Fateh Khan after terrorism charges were proved against him. A two-member bench comprising Justice Waqar Ahmad Seth and Justice Muhammad Younas Thaheem stayed the execution of Fateh Khan till April 5 and issued notice to the ministries of Interior and Defence to submit replies in the petition before the next date of hearing. Zarba Khela, mother of the convicted person and resident of Khyber Agency had filed the judicial review petition and requested the court to stay her son's execution. She had earlier received a notice from the Kohat prison that her son would be executed on Wednesday. In the petition, she stated that her son was picked up by the security forces on November 20, 2014 from Sarband area of Peshawar. She submitted that her son remained missing since then. She said the Peshawar High Court on March 3, 2016 in her habeas corpus petition issued notices to the ministries of Defence and Interior and the intelligence agencies with a directive to submit replies about the whereabouts of her son. The woman claimed in the petition that on March 25, 2016 she received a notice from the office of assistant political agent, Bara, Khyber Agency, through the Kohat prison that her son had been awarded death sentence by a military court in cases related to terrorism. In the notice, she said her family was asked to have a last meeting with Fateh Khan on March 29 as he was being executed in Kohat prison on Wednesday. In the petition, she prayed the court to stay the execution as she did not know why her son is being executed and for which crime. Earlier, the high court had also stayed execution of 2 other alleged terrorist, who were awarded death sentence by military courts. Meanwhile, a citizen from Upper Dir district on Tuesday challenged in the Peshawar High Court (PHC) the award of death sentence to his brother by a military court. Ajab Gul, brother of the convicted terrorist Taj Gul, son of Sultan Zareen, challenged the sentence through his lawyer Arif Jan. It was stated in the judicial review petition that some five years ago the family members had handed over Taj Gul to the security forces. The petition said the family members had met the detainee several times at the internment centre in Swat. Later, they came to know through the media on March 15 about his death penalty. The brother of the convict prayed the court to suspend the execution as no charges were conveyed to the detainee and he was denied the right to defence during the trial. As per the army-run Inter-Services Public Relations statement, the convict was involved in attacking the law-enforcement agencies, which resulted in the deaths of police constables and levies personnel. The ISPR said a cache of arms and explosives were recovered from him. It said the convict had confessed to the offences before the magistrate for which he was awarded the death sentence. He was among the 13 convicts whose death sentences were confirmed by Chief of Army Staff General Raheel Sharif. According to the ISPR, the condemned terrorists were tried by the military courts for involvement in the Nanga Parbat attack, Saidu Sharif Airport, destruction of schools, attacks on the armed forces, law-enforcement agencies and civilians. (source: The International News) ** Executions Have Skyrocketed In Pakistan As The Country Targets TerrorThe nation is now among the world's top executioners. Activists from the Human Rights Commission of Pakistan carry placards during a demonstration to mark International Day Against the Death Penalty in Islamabad on Oct. 10, 2015. Pakistan has executed at least 332 people since bringing back its death penalty in 2014. Authorities in Pakistan have detained over 5,000 people since Sunday, when a deadly bombing killed at least 70 people, including many children, at a public park in Lahore. The arrests are part of a renewed crackdown on Islamist militant groups, which Pakistan's government has increasingly targeted after a terror attack on a school in Peshawar killed over 140 students and staff in December 2014. While Pakistan's military touted its more than yearlong offensive against the Pakistani Taliban as a success late last year, bombings and attacks in the country have remained constant. The campaign has also been controversial for its erosion of human rights in Pakistan, as the government ended a 6-year moratorium on the death penalty in 2014 and began carrying out hundreds of executions. The Pakistani government's renewal of the death penalty initially only brought back executions for terror-related charges. However, in March of last year, the government expanded
[Deathpenalty] death penalty news----worldwide
March 30 TURKEY: Turkish opposition demands to restore death penalty for terrorists In Turkey, the head of the opposition National Movement Party (MHP) Devlet Bahceli urged the government to restore the death penalty for terrorists, the Turkish TV channel TRT Haber reported March 30. The fact that the death penalty was abolished in Turkey unties the hands of terrorists, Bahceli said. On Feb. 16, 2015, the head of the parliament's justice commission Ahmet Iyimaya said that Turkey's parliament may consider the restoration of death penalty. Iyimaya said the death penalty can be applied in the case of violence against women, and particularly brutal murders. Following the rape and murder of a 20-year-old student, Ozgecan Aslan, in Turkey's Mersin province, a number of ministers requested that the death penalty be used against the perpetrator. Ozgecan Aslan was last week raped and killed by a bus driver. Her body was found in a river in southern Turkey. Turkey abolished the death penalty in 2001. The country hasn't used the death penalty since 1986. (source: trend.az) BELARUS: Death sentence to Ivan Kulesh has been upheld Death sentence to Ivan Kulesh has been upheld photo by the Human Rights Center "Viasna" On March 28 the Supreme Court???s Criminal Board has turned down the appeal and left the verdict of the Hrodna Regional Court in place. Kulesh was told about his right to seek pardon from the President. Let us recall that Ivan Kulesh was sentenced to death by a verdict of Judge Anatol Zayats of the Hrodna Regional Court of 20 November 2015. He was charged of triple murder, as well as attempted murder, theft and robbery committed in the Lida district in 2013 and 2014. During the hearing, Ivan Kulesh said that he fully agreed with his sentence saying that it was 'fair', HRC "Viasna" informs. He confessed to 1 murder, but refused to answer the judge's question of whether he had killed the 2 remaining saleswomen. Ivan Kulesh said that during the investigation he was forced to testify. He was questioned without a lawyer, while the latter only came to sign papers. The lawyer asked to commute the death penalty to 25 years' imprisonment, since the case has extenuating circumstances, including full confession, which were not taken into account by the Regional Court. The public prosecutor said there was no reason to reduce the sentence. As a result, the Supreme Court has turned down the appeal and left the verdict in place. The death convict was told about his right to seek pardon from the President. Ivan Kulesh had previous convictions for theft, robbery and false denunciation. He had no permanent job. (source: EuroBelarus) INDONESIA: Greater Jakarta: Prosecutors lack evidence to charge Jessica The Jakarta Prosecutor's Office will return the dossier on the murder of Wayan Mirna Salihin to the Jakarta Police as it regards the evidence as insufficient to charge the sole suspect Jessica Kumala Wongso. Prosecutor's office spokesman Waluyo said on Tuesday that one of the deficiencies in the case dossier was witness testimony as this was fundamental to bring a case to the court. "We need more witness testimony that will be solid enough as evidence. It is still incomplete," Waluyo said as quoted by kompas.com, adding that they would return the dossier to the investigators within 14 days from it being submitted on March 22. "[We will return it] around April 3 or 4," he said. Separately, Jessica's lawyer Hidayat Bostam said the police did not have enough evidence to bring his client to trial as a murder suspect. A premeditated murder case, he said, needed strong evidence as it carried such a heavy sentence. Jessica has been charged under Article 340 of the Criminal Code, which carries the death penalty.Mirna died on Jan. 6 after drinking an iced coffee while at a restaurant in Jakarta with Jessica and another friend. Police have named Jessica as the sole suspect in the murder case, alleging she laced the victim's coffee with cyanide. (source: thejakartapost.com) TAIWAN: Group denies death penalty rally result of 'Little Light Bulb' case A civic rights group that is planning to hold a rally in Taipei on April 10 to promote enforcement of capital punishment said Wednesday that the event was not aimed at highlighting any isolated case. The White Rose Social Care Association announced on Tuesday that it would hold a mass rally in front of the Presidential Office building on April 10 in the wake of the beheading of a four-year-old girl on Monday in what was apparently a random attack. The announcement was met by a response from the mother of the 4-year-old girl on her Facebook page on Wednesday urging individuals or groups not to try to exploit the victim for their own ends. Defending the association's rally, the group's chairwoman Eva Liang said the planned rally was not aimed at highlighting any
[Deathpenalty] death penalty news----ARIZ., CALIF., USA
March 30 ARIZONA: Detective called to testify at hearing The prosecutor in the trial of a man accused of killing an 8-year-old Bullhead City girl is calling a Bullhead City detective to testify at an upcoming Chronis hearing. Justin James Rector, 27, is charged with first-degree murder, kidnapping, child abuse and abandonment of a dead body in the death of Isabella Grogan-Cannella on Sept. 2, 2014, and leaving her body in a shallow grave near her Bullhead City home. Prosecutors are seeking the death penalty. Deputy Mohave County Attorney Greg McPhillips issued a subpoena last week to call Detective Brandon Grasse to testify at a May 6 evidentiary hearing. McPhillips only needs to prove 1 aggravating factor before Superior Court Judge Lee Jantzen to seek the death penalty. In Arizona, there are 14 aggravating factors that can be used to determine the death penalty. 1 factor that would be determined is the age of the victim, which Grasse will testify to in this case since Grogan-Cannella was only 8 years old at the time of her murder. A birth certificate could also prove the victim's age. Factors can include that the victim was 70 years or older, a child under the age of 15, or a police officer. Other factors include that the murder was committed in a cruel or heinous manner, the defendant committed multiple murders, or the defendant committed murder in connection with a street gang. Rector's 10-week trial is set to begin Oct. 17 with a pre-trial hearing set for Aug. 23. Rector is being held in county jail without bond. Mesa attorney Gerald Gavin was appointed as Rector's primary attorney in March 2015. 2 defense attorneys are required in death penalty cases. Jantzen has yet to rule on several defense motions, including another recent motion claiming imposition of the death penalty endangers Rector's Eighth Amendment right to be free from suffering a painful death. Jantzen has denied previous motions to preclude the death penalty. In Arizona, a jury in a death penalty case determines if a defendant is guilty or innocent of 1st-degree murder. If the defendant is convicted, the jury then determines if he or she is to be sentenced to death or to life in prison. (source: Mohave Valley Daily News) CALIFORNIA: Businessman charged in 'diabolic' slaying of Santa Barbara herbalist and family A businessman was charged Tuesday with killing a well-known Chinese herbalist, his wife and 5-year-old daughter inside their hillside Santa Barbara home for financial gain, prosecutors said. Pierre Haobsh, 26, of Oceanside faces 3 felony counts of 1st-degree murder, according to the Santa Barbara County district attorney's office. Prosecutors further allege that Haobsh was lying in wait when he committed the murders. Haobsh was scheduled to be arraigned Tuesday afternoon in Santa Barbara. If he is convicted of the murders, Haobsh could face the death penalty or life in prison without parole. Prosecutors plan to decide on whether to pursue the death penalty after the preliminary hearing. The slain couple ran a popular Chinese herbal clinic on State Street in Santa Barbara, and Han was the author of several books on Chinese herbal medicine. Weidong Henry Han, 57; Huijie "Jennie" Yu, 29; and their daughter, Emily, were found dead Wednesday night inside their gated, 7-acre ranchette off the 101 Freeway. Han's colleagues became concerned about his whereabouts when he didn't show up for a business meeting earlier that day. They went to his home and found the front door ajar and the family's vehicles outside. Pierre Haobsh, 27, of Oceanside was arrested in San Diego County in connection with the deaths of Weidong Henry Han, his wife, Huijie Yu, and their 5-year-old daughter. Deputies were notified and found the victims' bodies wrapped in plastic and duct tape in the garage, said Sheriff Bill Brown of the Santa Barbara County Sheriff's Office. An autopsy determined all three victims died of gunshot wounds to the head, sheriff's Lt. Brad McVay said Tuesday. Brown called the slayings "diabolic, premeditated." Within the first 32 hours of the family's killings, investigators began interviewing friends, relatives, neighbors and business associates who led them to Haobsh, Brown said. Detectives think Haobsh was recently involved in a business transaction with Han, the sheriff said. They then obtained a warrant to arrest Haobsh. Detectives began monitoring Haobsh and spotted him about 12:30 a.m. Friday at a gas station in San Diego County, where they arrested him. A loaded 9-millimeter handgun and property belonging to one of the victims was found inside Haobsh's car, Brown said. "This tragic case is a terrible blow to the Santa Barbara community and the medical community at large," he said. (source: Los Angeles Times) *** Defense attorney in Oakland death penalty case says there's lack of evidence for fatal shootings
[Deathpenalty] death penalty news----ALA., MISS., IND., OKLA.
March 30 ALABAMA: Alabama's Death Penalty Needs to Go Shannon Rae McKenzie had never heard of judicial override when she was summoned for jury duty back in 2010. During jury selection, McKenzie said, the defense and prosecution asked her whether she could "ever sentence a man to death." McKenzie said she could, and she was picked as a juror in the murder trial of Courtney Lockhart. Before the trial, McKenzie vaguely knew the story of the crime, because it had made national news. In 2008, Lockhart, a black Iraq war veteran, had abducted Lauren Burk, a white freshman at Auburn University, and forced her to strip naked at gunpoint while he drove her car. Burk jumped from the vehicle, Lockhart shot her, and she died soon after. When McKenzie and the 11 other jurors unanimously agreed that Lockhart was guilty and deserved life in prison without the possibility of parole, McKenzie thought the trial was over. So when a friend called her a few months later to tell her the judge had overruled the jury's verdict and sentenced Lockhart to death, McKenzie was shocked. "I couldn't believe it. I didn't know that could happen," McKenzie said. In January, the Supreme Court declared that Florida's practice of judicial override - which is similar to the Alabama law under which Lockhart was sentenced - was unconstitutional, because it violated a defendant's Sixth Amendment right to a jury by his or her peers. But, in Alabama, judicial override is still the law, and Lockhart and dozens of others, sentenced not by juries but judges, remain on death row. There are serious questions - even among judges in Alabama - of the constitutionality of the state's death penalty system, and a higher court will likely have to address it sooner or later. Until one does, juries in Alabama will continue to be asked to weigh the punishment of life without parole or death, only to have their decision readdressed and possibly changed by a judge. And more defendants may be sentenced to death not by a jury of their peers but by judges. In its 8-1 ruling in Hurst v. Florida at the start of the year, the court wrote that the Constitution requires "a jury, not a judge, to find each fact necessary to impose a sentence of death." The Hurst decision was buttressed by the 2002 case, Ring v. Arizona, in which the Supreme Court ruled 7-2 that Arizona's use of judicial override was unconstitutional. Only 2 states, Alabama and Delaware, have death penalty statutes similar to the one that the court struck down in Florida. While no one is currently on death row in Delaware due to judicial override, the state recently halted all capital trials and executions until the state Supreme Court can review the statute's constitutionality. Alabama is a different story. Since 1981, judges in the state have overridden at least 101 life verdicts for the death penalty. (They've also switched 10 death verdicts to life.) At least 40 people currently on death row in Alabama, including Lockhart, were sentenced to death not by a jury but by a judge. After the January ruling, the Alabama attorney general's office issued a statement saying that the Supreme Court's decision "does not affect Alabama's law" because Alabama juries specify the aggravating factors - like a murder being committed during a robbery, a rape, or a kidnapping - that might justify the sentence of death, even if they don't vote in favor of the death penalty in a given case. In its ruling, the Supreme Court struck down Florida's statute because it allowed judges to find these aggravating factors on their own without the jury's input and exposed defendants to greater punishments than authorized by the juries. In both states, though, after a jury's advisory verdict, a judge reweighs evidence - including pretrial investigations and a sentencing hearing where the jury is not present - and makes a final decision. Since the Supreme Court struck down Florida's death penalty statute, some of Alabama's own judges have been questioning the practice of judicial override. At a January meeting of the Alabama Circuit Judges' Association, judges from the state's 67 counties were split on whether or not they should continue to hear capital cases until a decision is made on the law, while other judges argued that trials should proceed as before until the Supreme Court directly declares the statute unconstitutional. The judges agreed to form a committee to recommend and possibly help draft a new sentencing structure for the Alabama legislature. One key problem with judicial override is that judges in Alabama face partisan elections every 6 years, which can come with public pressure to punish criminal defendants harshly. Judge Tommy Nail, the presiding criminal judge in Jefferson County, Alabama's most populous county, believes that the Supreme Court's ruling was "not exactly clear" in how its ruling should affect Alabama's statute and that, in
