The U.S. Supreme Court Monday declined to review the case of John Robinson leaving his capital murder conviction and death sentence intact. In the federal military justice system, in contrast, Congress has delegated its responsibility to identify aggravating factors to the President, who has done so through the Manual for Courts-Martial, a series of administrative rules promulgated by the Secretary of Defense.
The Ohio Supreme Court ruled 6-1 a year ago that Dean showed little remorse and the circumstances of the slaying during a robbery outweighed any evidence Dean presented in his favor. That unanimous ruling said a Clark County judge was so biased against Dean’s attorneys that it tainted his trial.
Robinson is one of 10 people under sentence of death in Kansas. The court also decided against hearing a trademark case for the Washington Redskins.
The nine-member state Supreme Court agreed that the law violated Oklahoma’s constitutional requirement that each bill must only address “one subject”.
Monica Riva Talley, director at Sterne, Kessler, Goldstein & Fox, explained that the Supreme Court will only grant certiorari before judgment if the case is of “such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this court”, a standard set forth in Supreme Court rule 11.
The justices are ideologically split with four liberals and four conservatives after decades of conservative leaning. The high court may consider a Virginia case in which a lower court ordered a school to let a trans-gender student use the bathroom matching his gender identity.
The term’s cases also include a church’s challenge to its exclusion from a Missouri state program to provide rubberized surfaces in playgrounds. But the court left the definition of intellectual disability to the states.
“The court’s decision means that as many as 5 million immigrants in the USA remain in constant fear of being separated from their families at any time, and possibly deported”, Kica Matos, spokeswoman for the Fair Immigration Reform Movement, said in a statement.
But to be frank, for most non-law professors, the cases on tap are real snoozefests. Pena Rodriguez seeks a retrial. Now the Supreme Court will determine whether doing so violates the band’s First Amendment rights.
“If I have the opportunity to make any Supreme Court appointments, I am going to look broadly and widely for people who represent the diversity of our country, who bring some common-sense, and real-world experience”, she said last month on the Tom Joyner radio show. Right now, of the eight justices on the Court, there are five who support the right to abortion (Kennedy, Ginsburg, Breyer, Sonia Sotomayor and Elena Kagan) and three who oppose it (John Roberts, Clarence Thomas and Samuel Alito). The court on Monday rejected the Redskins’ own appeal. The state has not executed anyone in more than 10 years.