tag:blogger.com,1999:blog-8597101.post1884240426084908281..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Judge Mary Roman's re-election ensures an "absence of an impartial judge on the bench"Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-8597101.post-19493192766759213652009-10-08T12:54:56.747-05:002009-10-08T12:54:56.747-05:00Point of clarification: the Fourth Court revieiwed...Point of clarification: the Fourth Court revieiwed the case because the jury returned a life sentence, having found there to have been mitigation. During the trial in which Roman was found to have have shown judical bias, death was still before the jury--it is accruate to say that Roman was acting this way in a death penalty case because Abdygapparova was ONLY spared death on the jury's ruling. And, yes, death is off the table for her retrial which will not be before Judge Roman.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-12049255858373257552008-05-13T22:46:00.000-05:002008-05-13T22:46:00.000-05:00Judge Roman is getting what she deserves - bad pre...Judge Roman is getting what she deserves - bad press!!! Lets all hope she changes her ways and plays fair! Somehow, I dont think the old girl has it in her to change her ways.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-51620280244582148272008-05-07T16:20:00.000-05:002008-05-07T16:20:00.000-05:00The direct appeal on capital murder cases where th...The direct appeal on capital murder cases where the sentence is death go directly to the Court of Criminal Appeals. On cases where the death penalty is waived or the jury returns a senence of life, the direct appeal is to the intermediate court of appeals.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-32442204877167501492008-05-07T13:24:00.000-05:002008-05-07T13:24:00.000-05:00Okay. In any event, the 4th Circuit's decision, ac...Okay. In any event, the 4th Circuit's decision, according to the Express News, takes the death penalty off the table for the retrial.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-29137168564138847432008-05-07T13:05:00.000-05:002008-05-07T13:05:00.000-05:00"Capital murder conviction" does not mean "death s..."Capital murder conviction" does not mean "death sentence. <BR/><BR/>12.31. Capital Felony:<BR/><BR/>"(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.")Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-8500028101936707072008-05-07T12:57:00.000-05:002008-05-07T12:57:00.000-05:00Huh. That's confusing, 12:18. The Express News pie...Huh. That's confusing, 12:18. The Express News piece declared specifically referenced "a 4th Court of Appeals decision reversing the capital murder conviction of Asel Abdygapparova."<BR/><BR/>Also, the <A HREF="http://www.4thcoa.courts.state.tx.us/opinions/case.asp?FilingID=19473" REL="nofollow">docket sheet listed online</A> specifically mentions a 4th Court opinion last October in which the case was "reversed and remanded." IANAL and I can't explain the discrepancy.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-67474486528670507422008-05-07T12:18:00.000-05:002008-05-07T12:18:00.000-05:00The courts of appeals never review death penalty a...The courts of appeals never review death penalty appeals.<BR/>TEX. CODE CRIM. PROC. art. 37.071(h) ("The judgment of conviction and sentence of death shall be subject to automatic review by the Court of Criminal Appeals.").<BR/><BR/>Capital murder appeals only go to a court of appeals when there was no death penalty imposedAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-85446306993202952652008-05-07T07:26:00.000-05:002008-05-07T07:26:00.000-05:00Interesting bit of history:http://home.epix.net/~l...Interesting bit of history:<BR/><BR/>http://home.epix.net/~landis/histry.html<BR/><BR/>This begs the question to those who condone or oppose the CPS actions in Texas:<BR/><BR/>Was that an acceptable government action? If not, how can it be now?<BR/>(and, of course, vice versa!)Anonymousnoreply@blogger.com