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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.
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Perry Commutes Death Sentence

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AUSTIN – Gov. Rick Perry today commuted the death sentence of Kenneth Eugene Foster of San Antonio to life imprisonment after the Texas Board of Pardons and Paroles (TBPP) recommended such action.

On May 6, 1997, Foster was sentenced to death for his role in the 1996 capital murder of Michael LaHood. Foster sought to have his death sentence commuted to a life sentence arguing that he did not shoot the victim, but merely drove the car in which that the actual killer was riding. In addition, Foster was tried along side the actual killer, Maurecio Brown, and the jury that convicted Foster also considered punishment for both him and his co-defendant in the same proceeding.

"After carefully considering the facts of this case, along with the recommendations from the Board of Pardons and Paroles, I believe the right and just decision is to commute Foster's sentence from the death penalty to life imprisonment," Gov. Perry said. "I am concerned about Texas law that allows capital murder defendants to be tried simultaneously, and it is an issue I think the legislature should examine."

The TBPP voted 6-1 to recommend commutation, and the governor signed the commutation papers Thursday morning.

The governor's action means Foster's sentence will be commuted to life imprisonment as soon as the Texas Department of Criminal Justice can process this change.

http://www.governor.state.tx.us/divisions/press/pressreleases/PressRelease.2007-08-30.0856
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