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View Diary: Justice Scalia helps prevent a Rick Perry execution (69 comments)

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  •  I guess I'm misinterpreting. (0+ / 0-)

    I guess I'm misinterpreting what the objection was, or viewing it too broadly, or viewing the actual "issue" the court is deciding too broadly/incorrectly.

    Because Texas has already conceded/been told it was wrong in using race (and race-based data) to help determine sentencing in 5 out of the 6 cases, will the decision be on those more "technical" grounds?

    it fitfully blows, half conceals, half discloses

    by Addison on Fri Sep 16, 2011 at 09:36:55 AM PDT

    [ Parent ]

    •  from the petition (3+ / 0-)

      Does this clarify?

      QUESTIONS PRESENTED

      In capital sentencing proceedings in Texas, the State has the burden to prove beyond a reasonable doubt that there is a probability the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

      1. Whether a defendant’s race or ethnic background may ever be used as an aggravating circumstance in the punishment phase of a capital murder trial in which the State seeks the death penalty.

      2. Whether the government may rely  on the defendant’s race during the sentencing phase of a capital trial as evidence that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

      3. Whether Mr. Buck’s execution is arbitrary and capricious in violation of Furman v. Georgia, 408 US 238 (1972).

      •  Right... (0+ / 0-)

        ...those are what I was originally referring to. So -- to put it more clearly -- my original comment was asking whether SCOTUS would simply decide the "race" issue as limited by the questions' scope, or whether they'd possibly issue a decision that decided the race issue but could also be applied to other demographies or associations.

        it fitfully blows, half conceals, half discloses

        by Addison on Fri Sep 16, 2011 at 09:56:10 AM PDT

        [ Parent ]

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