A Houston judge this afternoon declared the death penalty unconstitutional in a pretrial hearing in response to a motion from defense lawyers.
State District Judge Kevin Fine's ruling is unlikely to withstand appellate review.
Fine granted a motion from defense attorney Bob Loper to declare Texas' death penalty unconstitutional. Further details about the motion were not immediately available.
Fine, a judicial maverick, was elected in the 2008 Democratic near sweep of Harris County's benches. The judge came under fire last year for questioning a victim during the punishment phase of rape trial.
The defendant in Thursday's hearing, John Edward Green, Jr., is accused of fatally shooting a Houston woman and injuring her sister on June 16, 2008.
Green, 23, faces charges in the shooting death of Huong Thien Nguyen, 34. Nguyen and her sister, My Huong Nguyen, had returned to their home in the 6700 block of Bellaire Gardens about 1:20 a.m. Sunday, when police said Green approached them, made a demand and shot them.
Huong Thien Nguyen died at the scene. Her sister was taken to Ben Taub General Hospital in critical condition.
23 comments:
I believe that Judge Kevin Fine made the right decision in this case.
I honestly think that this Fine guy is, as the article said, just trying to be a maverick. If everyone knows its going to be appealed, why do it? Probably just because hes trying to be a maverick and stir things up.
How can you declare that the death sentence is unconstitutional??? If Hitler (as an example) was on trail with this Judge, no matter how many people Hitler had killed, he would live. The truth is that some people deserve to get the needle/electric chair/fireing squad, or whatever you choose. Would you feel safe if a killer from jail was let loose after he killed someone in cold blood?
I agree with the judge. I would not want to be executing the prisoners or try to figure out the most humane way to kill someone. Especially with all the advances in technology that have proven people thought guilty innocent.
This guy is so stupid. If you commit the crime you should get the punishment you deserve. He shot people and killed them, so he should die too. There is no way that he can say that the death penalty is unconstitutional when he has killed innocent people.
wow this is surprising since Texas is one of the known states for the death penalty.its kinda sad that we do kill so many people. but sometimes its necessary. :(
its hard to be for the death penalty and to be agianst it. deciding if a person should live or die is a big burden to have. i mean who can judge whether or not you live or die?
If found guilty, Green should receive the death penalty. There is nothing unconstitutional about it.
In Texas the death penatly is the consequnces for taking another life for most cases. The harsh conscience the defandant carried with no thought of shooting the victims shows the defandant's character.
I think in some ways the death penalty is wrong especially if they are wrongly convicted, but sometimes if they have put many people through suffering then why cant they suffer?
I believe the death penalty could be perceived as unconstitutional because everyone has a right to live. But on the other hand i think its a fair punishment to someone who took some other persons life.
Hasn't the death penalty been dealt with already? The SCOTUS has made their ruling about the death penalty, and the odds of overturning their decision is fairly slim. Good try Judge Fine, better luck next time.
I agree with the fact that the motion is highly unlikely to withstand appellate review, I mean honestly... this is Texas. I say if it was a more controversial case then it might have a chance but the case seems pretty clear cut.
There are certain situations in which a human must simply be eliminated off of the face of this earth. The Death Penalty needs to continue to play a role as a consequence for certain actions. I'm not sure if Green deserves it, but it can not be banned because some people commit crimes that should without a doubt be punished by death.
the death penalty has always been harsh and it does take away some rights of being a citizen. maybe a lifetime of prison would be a better option.
Ruling the death penalty as unconstitutional makes sense. Isn't the murderer being killed the same thing as the victim being killed? A punishment is necessary, but nobody should be sentenced to death.
Prosecution of crime and the punishment to be imposed on a criminal is usually under the state jurisdiction. Capital punishment however falls in to unique category. The question arises whether it is unconstitutional on the grounds that it is cruel and unusual punishment and violates eighth amendment to the US constitution. As a result of Supreme Court decision in 1972 in a case involving Furman versus State of Georgia, Capital punishment was suspended in the United States from 1972 through 1976. To address the concerns of then judges White and Stewart, states passed amendment to their constitution addressing capital punishment and passed laws. They also created system in which guilty or not guilty was one part of the trial and second was the punishment phase of the trial. This bifurcated trial passed the US Supreme court litmus test. Texas Capital punishment laws are constitutional both at state and federal level. I think that the judgment given by state district court justice Kevin Fine will not prevail in appellate process and will be overturned.
The eight amendment states that cruel and unusual punishments can not be inflicted. While the meaning of this statement can differ greatly from person to person, I believe that death is a form of cruel and unusual punishment.
The eight amendment states that cruel and unusual punishments can not be inflicted. While the meaning of this statement can differ greatly from person to person, I believe that death is a form of cruel and unusual punishment.
i do not feel that the death penalty of Texas in this case is unconstitutional if Green was able to take the lifes others then i feel that the penatly should be equal and is life should be taken as well.
I don't agree with the death penalty because sometimes people are proved innocent after they have they have been put to death. Also staying in prison for the remainder of your life would be a better punishment than just getting a way out through death.
I don't if the death penalty was the right choice. Our system is so flawed, so you cannot really know what is the truth. America gives everyone the right of life, so the death penalty just doesn't seem to be right to me.
I believe the death penalty should be judged on an individual basis. Americans have the right to life, liberty, and the pursuit of happiness and the dealth penalty is a direct violation of a person's right.
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