Against Death Rows - Court overturns Alabama inmate's death sentence

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A federal appeals court has overturned the death sentence given to an Alabama death row inmate for the 1979 shooting of a county sheriff in Alabama.

The 11th U.S. Circuit Court of Appeals Monday overturned the death sentence given to 60-year-old Billy Joe Magwood for the 1979 shooting death of Coffee County Sheriff Neil Grantham.

The appeals court said Alabama's law when Grantham was killed did not make killing a law enforcement officer a death penalty offense. Magwood had argued that the law was later changed to make murder of a law enforcement officer an aggravating offense for jurors to use in determining if someone should be sentenced to death.

Officials in the Alabama Attorney General's office had not decided Monday if they would appeal to the U.S. Supreme Court.
http://www.montgomeryadvertiser.com/article/20111219/NEWS/111219038/Court-overturns-Alabama-inmate-s-death-sentence-?odyssey=tab%7Ctopnews%7Ctext%7CFrontpage

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Death sentence reinstated for Billy Joe Magwood — Britta, Sun Jan 25 9:13am

Death sentence reinstated for Coffee County sheriff killer By Greg Phillips Published: January 23, 2009 An Elba man who murdered the Coffee County sheriff in 1979 is back on death row after a... more
- Magwood v. Culliver, No. 0712208 — Britta, Sun Jan 25 9:17am
  
  CRIMINAL LAW & PROCEDURE Magwood v. Culliver, No. 0712208 Partial denial of petitioner-death row inmate's habeas corpus petition is affirmed in part and reversed in part where: 1) petitioner's... more
- - 30 Years After Murder, Is His Appeal Too Late? — Britta, Tue Nov 17 1:25pm
    
    30 Years After Murder, Is His Appeal Too Late? By ADAM LIPTAK WASHINGTON — The Supreme Court agreed Monday to decide whether it is too late for an Alabama man to argue that the murder that sent him... more
  - - The ScotusWiki file — Britta, Tue Nov 17 1:26pm
      
      The ScotusWiki file for Magwood v. Culliver is at: http://scotuswiki.com/index.php?title=Magwood_v._Culliver
    - - US Supreme Court oral arguments March 24th — Britta, Mon Jan 4 9:21pm
        
        Magwood v. Culliver (09-158) — state prisoner’s right to challenge new sentence in federal habeas after winning a new sentencing
      - Court Weighs Timing of Death Row Appeal — Britta, Wed Mar 24 9:11pm
        
        Court Weighs Timing of Death Row Appeal By ADAM LIPTAK Published: March 24, 2010 WASHINGTON — As is his custom, Justice John Paul Stevens did not ask a question on Wednesday until the lawyer before... more
        read the opinion here — Britta, Fri Mar 26 10:54am
        
        The ScotusWiki file, with all briefing, for Magwood v. Patterson is at: http://scotuswiki.com/index.php?title=Magwood_v._Patterson Transcript of the oral argument is at:... more
        What constitutes a “second or successive” petition in ... — Britta, Fri Mar 26 11:56am
        
        What constitutes a “second or successive” petition in habeas challenges to death sentences? Magwood v. Patterson, argument recap Anna Christensen | Friday, March 26th, 2010 10:00 am Here, Harvard Law ... more
        Court rules in favor of capital defendant in Magwood — Britta, Thu Jun 24 9:13pm
        
        DISCLOSURE: Howe & Russell and Akin Gump represented the petitioner in this case. Federal habeas law generally allows prisoners to bring a single habeas petition; “second and successive” petitions... more
        read the opinion here — Britta, Thu Jun 24 9:14pm
        
        http://www.scribd.com/doc/33502515/No-09-158-Magwood-v-Patterson
        Court overturns Alabama inmate's death sentence — Britta, Mon Dec 19 7:45pm
        Re: What constitutes a “second or successive” petition in ... — Yvette Holden, Sat Mar 27 3:15am
        
        This I find wrong in appeal cases they have to make all grounds for appeal in the first twelve months after conviction. Most defendants are uneducated and don't have access to good legal advice, yet... more
        Re: What constitutes a “second or successive” petition in ... — Anonymous, Sun Mar 28 3:56am
        
        You are so right! It embarrasses us as being Americans with these injustices and the death penalty. You never know for sure the person is guilty. That is why they need to ABOLISH the Death Penalty... more
        Re: What constitutes a “second or successive” petition in ... — Yvette Holden, Sat Mar 27 2:01am
        
        Appeal courts are not the safeguard people think they are, I find most appeals never see the light of day unless the innocence group (or similar groups) are backing the claims or if public opinion is ... more
        Re: What constitutes a “second or successive” petition in ... — Anonymous, Sun Mar 28 3:59am
        
        And I can tell you one of those cases, Darlie Lynn Routier. She is on Texas Death Row and she is INNOCENT. They were in a hurry to close the case, so much so they only looked at her. She was a... more
        Re: What constitutes a “second or successive” petition in ... — Yvette Holden, Sun Mar 28 7:22am
        
        I have to agree Darlie Routiers case is full of holes. What the prosecutor did was attack Darlie has a mother I think that's what ultimately convicted Darlie...lies and more lies... Let's hope truth... more

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