A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
I saw that. Does this mean they'll waste years appealing & never actually execute him?
flan
Probably. That's why the family of the youngest victim didn't want the death penalty. Because it will bring it all up again for them every time he appeals. They wanted life in prison without parole so it would be completely over for them and other victims.
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No matter how educated, talented, rich or cool you believe you are,
I saw that. Does this mean they'll waste years appealing & never actually execute him?
flan
Probably. That's why the family of the youngest victim didn't want the death penalty. Because it will bring it all up again for them every time he appeals. They wanted life in prison without parole so it would be completely over for them and other victims.
He is young. His appeal possibilities will run out within 10 years. He was not mentally deranged at the time of his crime and he is a terrorist. This is federal case so should play out fairly quickly. The only thing that could save him is a commute for Obama on his sentence (I think, not a lawyer) But that could be overturned if it happens. He killed and maimed knowingly and his lawyers tried to pin it on his brother, who by the way was killed by being run over by Tsarnaev. He is scum and lived off the American welfare system his entire life and did this, place a bomb right behind a family with 3 young children. He knew what he was doing. I give high praise to the jury.
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Sometimes you're the windshield, and sometimes you're the bug.
In order to appeal, he has to provide an issue of error. They try to find the smallest thing. The most common is "ineffective assistance of counsel" where he'll blame his loss on his lawyer being incompetent. Then he'll try to say something was done improperly in front of the jury. Then he'll attack the jury instructions. And on and on.
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LawyerLady
I can explain it to you, but I can't understand it for you.
In order to appeal, he has to provide an issue of error. They try to find the smallest thing. The most common is "ineffective assistance of counsel" where he'll blame his loss on his lawyer being incompetent. Then he'll try to say something was done improperly in front of the jury. Then he'll attack the jury instructions. And on and on.
Death penalties automatically are given an appeal I thought.
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Sometimes you're the windshield, and sometimes you're the bug.
In order to appeal, he has to provide an issue of error. They try to find the smallest thing. The most common is "ineffective assistance of counsel" where he'll blame his loss on his lawyer being incompetent. Then he'll try to say something was done improperly in front of the jury. Then he'll attack the jury instructions. And on and on.
Death penalties automatically are given an appeal I thought.
That was my thinking.
Also about the feds being quick, the last federal execution was 2003.
In order to appeal, he has to provide an issue of error. They try to find the smallest thing. The most common is "ineffective assistance of counsel" where he'll blame his loss on his lawyer being incompetent. Then he'll try to say something was done improperly in front of the jury. Then he'll attack the jury instructions. And on and on.
Death penalties automatically are given an appeal I thought.
His appeal WILL be heard, and then denied, and then he'll appeal again on the different issues.
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LawyerLady
I can explain it to you, but I can't understand it for you.
In order to appeal, he has to provide an issue of error. They try to find the smallest thing. The most common is "ineffective assistance of counsel" where he'll blame his loss on his lawyer being incompetent. Then he'll try to say something was done improperly in front of the jury. Then he'll attack the jury instructions. And on and on.
Death penalties automatically are given an appeal I thought.
That was my thinking.
Also about the feds being quick, the last federal execution was 2003.
I was just reading about McVeigh, another federal execution. He was sentenced to death for the Oklahoma City bombing on 6/13/97, and executed 6/11/01. I'm thinking that actually sounds relatively quick, as some of these drag on for many years. Then I read that one of his appeals for certiorari,(whatever that is), was taken to the U.S. Supreme Court, and they denied it on March 8, 1999. He dropped his remaining appeals, saying he would rather die than be in prison.
With Tsarnaev's case, I hate to see all these wounds being reopened for the victims and families every time there is an appeal. I hope either his appeals are denied, or he gives up his right to appeal.
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No matter how educated, talented, rich or cool you believe you are,
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
But experts say Tsarnaev does have a reasonably good chance of getting the death sentence set aside, based largely on his lawyers' repeated requests to move the trial out of Boston. The defense contended for months last year that the Boston community was too deeply scarred and that no local jury could give him a fair and impartial trial. The judge refused to hold a hearing on the matter, and an appellate court declined to intervene.
The Tsarnaev appellate team also may have a shot at vacating the death sentence if they can show the judge did not properly instruct the jurors, specifically in not telling them that if they deadlocked it would not result in a new trial. A deadlock would have meant a life sentence, but some jurors may not have understood that.
"The best would be to get him a new punishment phase," said John Blume, a Cornell University law professor and director of the school's Death Penalty Project.
"There have been other cases that sometimes produce a death sentence because some jurors were leaning toward life and the other jurors beat them up (verbally) and said, 'If we don't do this, if we don't do our duty and give him death, another jury will have to listen to this brutal, gory testimony.'"
Tsarnaev's appellate lawyers also could challenge the constitutionality of the death penalty and question whether his trial attorneys performed effectively.
Because this is a federal death penalty case, an appeal is automatic. It begins with an initial request to the judge for a new trial. It ends when the execution date is near, with a plea for commutation from the president.
A sentencing hearing is expected within about two months, and because the judge cannot reduce the sentence, much of that proceeding will be courtroom theater.
Prosecutors said they are reviewing lists of survivors and relatives of the dead to choose which ones will offer victim-impact testimony.
Tsarnaev, who did not testify at his trial and has shown no public remorse, would have one last opportunity to speak.
According to the Death Penalty Information Center, a Washington-based policy group that tracks capital punishment, there were 61 inmates on federal death row as of March 24.
Since the reinstatement of the federal death penalty in 1988, 74 defendants have been sentenced to death, and three have been executed. Through legal appeals, another 10 have been transferred off death row.
Oklahoma City bomber Timothy McVeigh was convicted in 1997 and executed in 2001. He had a short time on death row because he dropped all appeals and asked to be put to death.
The last federal execution was in 2003, when decorated 1991 Gulf War veteran Louis Jones Jr. was executed for killing a young female recruit.
Three inmates — members of a violent Richmond, Va., street gang — have been on death row since 1993, another sign of the slow process from the courtroom to the death chamber. The process is filled with legal appeals, psychological examinations, DNA testing, the search for new evidence and other twists as defense lawyers try anything to keep their clients from that final trip to the chamber.
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LawyerLady
I can explain it to you, but I can't understand it for you.
"Prosecutors said they are reviewing lists of survivors and relatives of the dead to choose which ones will offer victim-impact testimony."
I hope they are not counting on the Richard family. They are done testifying. They need to get on with their lives. And I hope they hold firm on that.
And I think the other victims and victims' families who keep being asked to testify will start wishing he got life without parole. So they can put it behind them also.
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No matter how educated, talented, rich or cool you believe you are,
The punishment--or even the particular charges in most cases--are not up to the victims.
SOMETIMES, in the case of a plea bargain, the prosecutor might talk with the victims and say this is a better "deal" than rolling the dice at trial, but that's not what we have here.
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I'm not arguing, I'm just explaining why I'm right.
Well, I could agree with you--but then we'd both be wrong.
"Prosecutors said they are reviewing lists of survivors and relatives of the dead to choose which ones will offer victim-impact testimony."
I hope they are not counting on the Richard family. They are done testifying. They need to get on with their lives. And I hope they hold firm on that.
And I think the other victims and victims' families who keep being asked to testify will start wishing he got life without parole. So they can put it behind them also.
He's already been sentenced, so there should be no need or use for victim impact statements any more.
Done and dusted, kill him already. Blow his feet off with a shotgun, then let him bleed out.
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The Principle of Least Interest: He who cares least about a relationship, controls it.
His mother is making threats against America. Saying her son will be avenged.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
"Prosecutors said they are reviewing lists of survivors and relatives of the dead to choose which ones will offer victim-impact testimony."
I hope they are not counting on the Richard family. They are done testifying. They need to get on with their lives. And I hope they hold firm on that.
And I think the other victims and victims' families who keep being asked to testify will start wishing he got life without parole. So they can put it behind them also.
He's already been sentenced, so there should be no need or use for victim impact statements any more.
Done and dusted, kill him already. Blow his feet off with a shotgun, then let him bleed out.
No, the sentencing is not a done deal. He gets an automatic appeal of the sentencing. There is already a sentencing hearing expected within about two months. Prosecutors are already preparing lists of survivors and families to see who they would like to offer victim-impact statements for the sentencing appeal. Read LL's post above for more info.
This is why Martin Richard's family wanted life without parole. Because it would be done and over for them if he got that. It is not done now. The appeals will happen. And if they participate, they will be dragged through it all over again, just like any other victims or families who participate.
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No matter how educated, talented, rich or cool you believe you are,
His mother is making threats against America. Saying her son will be avenged.
But she should be thrilled that her son will be in paradise with all those virgins.
I have an embarrassing and funny story.
Watching Jeopardy with Caitlyn last week. The answer was,
in islam, where do the highest ranking spend eternity in this numeric place.
I was half listening to the question cause I was also messing around on TG, you know how distracting it can be.
I pronounced proudly PI.
I was wrong. The question was, what is 7th heaven?
Caitlyn thought I meant pie and was in tears laughing at me.
Of course I was laughing too at this point.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
His mother is making threats against America. Saying her son will be avenged.
The irony is amazing. His punishment of death is to avenge the deaths of the children he killed. She should be ashamed.
Yes she should. But I don't think she or anyone in her family know the meaning of the word shame. They sucked our American system dry. They got asylum here, got welfare, all sorts of benefits. No gratitude, just criticism and hate for Americans. And then they bomb us and she has no shame for what her sons did. It's disgusting. They are a majorly messed up family.
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No matter how educated, talented, rich or cool you believe you are,
His mother is making threats against America. Saying her son will be avenged.
The irony is amazing. His punishment of death is to avenge the deaths of the children he killed. She should be ashamed.
Yes she should. But I don't think she or anyone in her family know the meaning of the word shame. They sucked our American system dry. They got asylum here, got welfare, all sorts of benefits. No gratitude, just criticism and hate for Americans. And then they bomb us and she has no shame for what her sons did. It's disgusting. They are a majorly messed up family.
His mother is making threats against America. Saying her son will be avenged.
The irony is amazing. His punishment of death is to avenge the deaths of the children he killed. She should be ashamed.
Yes she should. But I don't think she or anyone in her family know the meaning of the word shame. They sucked our American system dry. They got asylum here, got welfare, all sorts of benefits. No gratitude, just criticism and hate for Americans. And then they bomb us and she has no shame for what her sons did. It's disgusting. They are a majorly messed up family.
<wraps myself up in Blankie>
Awkward.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
His mother is making threats against America. Saying her son will be avenged.
The irony is amazing. His punishment of death is to avenge the deaths of the children he killed. She should be ashamed.
Yes she should. But I don't think she or anyone in her family know the meaning of the word shame. They sucked our American system dry. They got asylum here, got welfare, all sorts of benefits. No gratitude, just criticism and hate for Americans. And then they bomb us and she has no shame for what her sons did. It's disgusting. They are a majorly messed up family.