Inmate off death row thanks to 1940 ruling

I can't believe it.

I knew that, once a criminal is convicted of a capital crime, he/she is afforded all the rights of our CRIMINAL JUSTICE SYSTEM.

The innocent victims be damned. They are dead, so they have no rights.

The victims families be damned. They have no rights. They have no justice.

The CJS bends over backwards to see if there is any way to delay and stop murderers from paying for their crimes.

Take Michael Daniels.

The Arkansas Supreme Court cited a 1940 court decision in order to get this murderer off of Death Row.

Teri Chamber's (Daniels attorney), says that the ruling makes sense.

It makes sense "because you have to commit a theft in order to commit a robbery. You have to be taking someone else's property to commit a theft."

Does this balderdash makes sense to you?

It doesn't to me. If this were so, a criminal could come in your home with the intention of robbing you. Instead he panics and murders you, your spouse and your children, and then runs out of the your home without stealing anything.

I know this example is nonsense, but so is the decision of the Highest Court in Arkansas.

JMHO

http://www.cnn.com/2008/CRIME/05/30/....ap/index.html

[margaritaville]

I am not sure you understood it ...

What they say happened is he was trying to recover a gambling dept. In other words he and the victim were playing poker and the victim cheated him $20.00.. so he got peeved grabbed a knife and stabbed him. but because it was to recover a gambling dept he can't be charged with aggravated robbery- which takes away his special circumstances, which then takes the death penalty off the table. He will probably get LWOP now....




<<<snip>>>>

Justices cited a 68-year-old ruling that said someone couldn't be convicted of aggravated robbery while trying to recover gambling losses. Aggravated robbery was the underlying circumstance when a jury ordered Daniels to die for Williams' death."

The split court reversed Daniels' aggravated robbery conviction and the capital murder charge linked to it, but upheld his conviction for premeditated and deliberate capital murder.