Ninth Circuit Upholds Death Sentence for Arizona Killer

by · Mar 16, 2021 2:40 pm

A unanimous panel of the Ninth Circuit Court of Appeals has upheld the conviction and death sentence of habitual felon Robert Walden Jr.  for the rape and murder of one woman and the rapes of two others in 1991.  Howard Fischer of Capitol Media Services reports that at the time of the murders, Walden was on probation for aggravated assault and kidnapping charges stemming from separate attacks on two woman.   On appeal Walden raised multiple claims challenging the photo lineup where his surviving victims identified him, the judge’s decision to allow a single trial for the rapes and the murder, and first time claims challenging the competence of his defense counsel.  The court rejected all of them.

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Death Penalty Debate on C-SPAN Tomorrow

by · Mar 16, 2021 2:24 pm

The Federalist Society student chapter at the University of Virginia Law School will be hosting a one hour debate on the death penalty tomorrow, Wednesday the 17th, at 5 pm EDT.  I’m told it will be on C-SPAN.  Carol Steiker, the Henry J. Friendly Professor of Law and Special Advisor for Public Service at Harvard Law School will speak in opposition; I will speak in support.  I have debated Prof. Steiker before and have found her to be a thoughtful, amicable and candid advocate.

Fentanyl Deaths Skyrocket, Policy Responses Vary

by · Mar 16, 2021 12:00 pm

An article by Joe Nelson of The Press-Enterprise from last week, highlights a few of the policy responses by California counties in regards to fentanyl-related overdoses. Mike Hestrin, district attorney of Riverside County explained, “In the last five years, the number of fentanyl deaths has doubled every year.” This increase is alarming, and is cause for immediate action to punish the drug dealers that are selling this lethal drug with the knowledge that it is deadly.  “During a Feb. 22 press conference, Hestrin announced Riverside County’s first Fentanyl-related murder charge…[for a man] who in October allegedly sold Fentanyl-spiked drugs to [an] 18 year old.” Hestrin is responding to the spike in deaths by attempting to deter the sale of drugs containing Fentanyl by charging the sellers with murder if an individual has a fatal overdose due to the ingestion of the drug. 

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Newsom Grants More Pardons and Commutes More Sentences of Violent Offenders

by · Mar 15, 2021 12:58 pm

Fox News published an article yesterday by the Associated Press discussing the latest acts of clemency and commuted sentences as of Friday by Gov. Gavin Newsom. The most recent commuted life sentence is for a woman who was convicted of murder, she allegedly killed her stepfather. According to Newsom’s statement in the article, “[She] has worked hard to better herself by earning an associate degree, a business certificate and participating in extensive self-help programming”. Due to the decision made by Newsom, she is now eligible for immediate release on parole, regardless of her sentence of 25 years to life in Alameda County in 1992. This is just one of many sentences that Newsom has commuted. 

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The Predictable Pattern

by · Mar 15, 2021 12:48 pm

The pro-criminal industrial complex, which includes legacy groups like the ACLU and the NAACP, and newer more aggressive advocates such as the Death Penalty Information Center, Sentencing Project, the Marshall Project and numerous Soros-funded groups with a state or city name like “Californians For Safety and Justice,” are celebrating the expected elimination of the death penalty in Virginia.  In an opinion piece in last Friday’s Washington Post, Ashley Nellis, a senior research analyst at the Sentencing Project notes  “Now, Virginia joins a growing wave of states that have rejected this punishment and chosen to make our criminal justice system more humane, equitable and fair.”

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The Dishonesty of Biden’s Choice for No. 3 at the Justice Department

by · Mar 12, 2021 12:45 pm

President Biden has nominated Vanita Gupta to be Associate Attorney General, the third highest position in the Justice Department.  Gupta was Assistant AG for Civil Rights under Obama.  As such, she was asked by the Attorney General, then Loretta Lynch, for a recommendation whether DOJ should seek the death penalty against the mass killer of black worshipers, Dylann Roof.  Gupta recommended against it on the preposterous grounds that mitigating factors outweighed aggravating ones.

She was asked about her role in making that recommendation at her Senate confirmation hearing.  Instead of telling the truth, she did a fancy dance designed to mislead the Judiciary Committee.  It was a deception worthy of a pickpocket, not someone who hopes to get a job overseeing the prosecution of criminals.  For her flagrant deceit alone, she should be rejected (indeed, her nomination should be withdrawn).

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Campaign Launched to Recall SF District Attorney

by · Mar 11, 2021 3:25 pm

The San Francisco Department of Elections has cleared the way for a campaign to recall San Francisco District Attorney Chesa Boudin.  Evan Symon of the California Globe reports that the campaign will need to gather at least 51,000 signatures in order to get the recall before San Francisco voters.  Boudin was elected District Attorney in 2019.  Prior to his election, his only job as a practicing lawyer was as a deputy in the San Francisco Public Defender’s Office.  Recall proponents cite Boudin’s reluctance to prosecute criminals in numerous crime catagories which they claim has led to increased crime, including a 46% increase in burglaries, and an increase in robberies.  Earlier this week a San Francisco television reporter was robbed in broad daylight while broadcasting live.

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Hostility and Hatred Toward Police Officers Leads to Increase in Crime

by · Mar 11, 2021 11:58 am

Many large U.S. cities are experiencing a spike in violent crimes, the question is what is causing this? Although there are many elements that likely have a role in the increase, one reason offered here is the lack of officers to deter crime by their presence and to respond to critical calls. In an article written this morning by Cameron McWhiter of the Wall Street Journal, there are statistics and statements from residents of Atlanta, Georgia that offer an explanation. From their perspective the negative picture presented and pushed about law enforcement officers in protests last year has impacted their communities. One resident of Atlanta, Lauren LeNoir was attacked and her purse stolen in her driveway this January, she stated, “They’ve stolen something I cannot get back, and that is my sense of security.” This is a common sentiment shared by many residents of Atlanta. Some have formed groups to make plans for the future to feel safe again. According to McWhiter, “Some Buckhead residents are so alarmed by the crime wave that they have launched a committee to explore seceding form Atalanta, which would mean having its own police department.” 

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Marathon Bomber Sues Over Prison Conditions

by · Mar 11, 2021 11:14 am

Dzhokbar Tsarnaev, one of two radical Islamic terrorists who set off pressure-cooker bombs at the 2013 Boston Marathon killing three and injuring 264, and then murdered an MIT police officer during his attempted escape, is suing the federal Bureau of Prisons.  CBS News reports that Tsarnaev is claiming that his treatment at the federal supermax prison in Colorado violates his First, Fifth and Eighth Amendment rights.  Last year a panel of the First Circuit Court of Appeals overturned his death sentence ruling that the jurors were not properly screened.  SCOTUS is currently pondering whether to review the government’s appeal of that ruling.

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