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America Is Stuck With the Death Penalty for (At Least) a Generation

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With Justice Anthony Kennedy's retirement, the national fight to abolish capital punishment will have to go local.
When the Supreme Court revived capital punishment in 1976, just four years after de facto abolishing it, the justices effectively took ownership of the American death penalty and all its outcomes. They have spent the decades since then setting its legal and constitutional parameters, supervising its general implementation, sanctioning its use in specific cases, and brushing aside concerns about its many flaws.
That unusual role in the American legal system is about to change. With Justice Anthony Kennedy’s retirement from the court this summer, the Supreme Court will lose a heterodox jurist whose willingness to cross ideological divides made him the deciding factor in many legal battles. In cases involving the Eighth Amendment’s prohibition against cruel and unusual punishment, his judgment often meant the difference between life and death for hundreds of death-row pr…

John David Battaglia: Court stops Texas execution of man who killed 2 young daughters

John Battaglia
John Battaglia
A federal appeals court has stopped the planned execution of a 60-year-old former accountant who gunned down his two young daughters in Dallas while his ex-wife — their mother — listened helplessly on the phone.

John David Battaglia was set for lethal injection Wednesday evening for the May 2001 shooting deaths of his daughters, Faith, 9, and Liberty, 6, in his apartment. 

He'd be the 10th convicted killer executed in the U.S. this year, the sixth in Texas.

Authorities said the slayings were revenge for his former wife's complaints to his probation officer that led to an arrest warrant issued for him.

An attorney seeking to represent Battaglia has asked federal courts, including the U.S. Supreme Court, for a reprieve so Battaglia's mental competency for execution could be further reviewed. 

The Supreme Court has ruled a prisoner can be executed if he's aware of his pending execution and understands why he's being put to death.

"This situation is morally bankrupt and violates basic notions of fairness in our capital punishment system," attorney Gregory Gardner told the high court, which in January refused to review his case.

The 5th U.S. Circuit Court of Appeals agreed with Battaglia's lawyer, halting the punishment about seven hours before Battaglia could have been taken to the Texas death chamber Wednesday evening.

Source: The Associated Press, March 30, 2016


U.S. court halts execution of Texas man who killed his daughters

AUSTIN, Texas (Reuters) - A U.S. appeals court halted the execution planned for Wednesday of a Texas a man who killed his two daughters at his Dallas apartment while the girls' mother listened on the phone, hearing the gunshots and her children's screams.

The U.S. Court of Appeals for the Fifth Circuit said a counsel for death row inmate, John Battaglia, 60, had abandoned him for part of his appeal process and the offender should have his execution halted as a result.

The move came hours before Battaglia was set to receive a lethal injection at the state's death chamber in Huntsville.

Battaglia's lawyers also launched last-minute appeals on other grounds, arguing he should be spared because he suffers from bipolar disorder, which was not properly considered in sentencing.

"Mr. Battaglia has presented evidence. . .that his delusions make him not understand the reasoning behind his execution," they said in a U.S. Supreme Court filing.

The appeals court also said an attorney who should have represented Battaglia in state mental competency hearings did not.

Battaglia had a history of beating women and been divorced from his wife, Mary Jean Pearl, for about a year when he fatally shot their two daughters, Mary Faith, 9 years old, and Liberty, 6, in May 2001, prosecutors said.

At the time of the shooting, Pearl was seeking to have him arrested for violating a protective order by threatening her.

Source: Reuters, March 30, 2016

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