About ND ASK

Notre Dame Against State Killing (ND ASK) is a campaign for a moratorium on executions in Indiana. We work to inspire discussion and action on the death penalty on the Notre Dame campus and across Indiana.

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Friday, April 27, 2007

U.S. Supreme Court overturns 3 Texas death sentences

From the NY Times:

"WASHINGTON, April 25 — The Supreme Court on Wednesday overturned death sentences in three cases from Texas, all by votes of 5 to 4 and all with Justice Anthony M. Kennedy providing the margin of victory to his four more liberal colleagues.

...The three decisions on Wednesday provided the latest chapter in the Supreme Court’s dialogue with the two lower courts, the Texas Court of Criminal Appeals and the United States Court of Appeals for the Fifth Circuit, which handle appeals from the Texas death row, the country’s most active. As an exasperated Supreme Court majority has seen it, these courts have found repeated and unpersuasive reasons to evade the Supreme Court’s evolving death penalty jurisprudence.

It was that jurisprudence that was the underlying focus of the dispute among the justices. A 1996 federal law, the Antiterrorism and Effective Death Penalty Act, raised the bar against federal court review of state prisoners’ petitions for writs of habeas corpus.

...In the years since the 1996 law took effect, the court has been extremely reluctant to find error on the part of state courts of the type that would permit inmates to gain access to federal court. It remains to be seen whether the rulings on Wednesday will extend beyond the court’s sustained annoyance with the Fifth Circuit to signify a more expansive view toward habeas corpus, a prospect that perhaps explains the vigor of the chief justice’s dissent."

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