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Monday the judge will decide THIRTEEN MOTIONS in the Malvo case.
A sixty-eight page motion is included arguing that Virginia's death penalty is uncostitutional. The prosecutor derides it because it does not cite many Virginia cases. I've not read the motion but I suspect that this is because Virginian courts do not place any meaning (or at least give any enforcement) to the rights guaranteed in the Virginia Constitution. Thus you would argue interpretations of the federal constitution - primarily thru the federal supreme court's opinions.
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