CrimLaw

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Will the Commonwealth kill these people or not?

Swisher:

Governor Warner's clemency in the case where an improper instruction was given is only three weeks during which time he has told the attorneys for the Defendant to go see if they can get the Virginia Supreme Court to return the case to court for resentencing:

Swisher's attorneys, Steven D. Rosenfield and Anthony F. King, said they will ask the state's high court to consider their case, but believe their chances of success by the governor's "artificial deadline" are nil because the court is not hearing oral arguments now.

The attorneys asked Warner for more time because the ridiculously short deadline. Warner declined; he's found a way to try and divert responsibility for the decision from himself and he's sticking to it.

The Daily Progress weighs in in favor of "conditional clemency" wherein the Governor sets aside the death penalty but leaves the prosecution with the option of a resentencing hearing. It's a good solution. I'm not sure that the law allows it but it is a good idea.

Walton:

Hairsplitting 101:

The judge found him not mentally retarded but may still find him incompetent.

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