Wednesday, December 18, 2002

This is in response to the guy who keeps sending me very unfriendly emails -- most recently about Ring v. AZ and its impact in Alabama, with lots of ad hominem stuff directed my way -- and then blocking my email replies.

I assure you that your emails don't do me any good, and my guess is that they don't do you much good either.

My thinking on Ring is quite simple: at the very least, that Ring requires that a jury decide the existence vel non of certain aggravating circumstances (e.g., "especially heinous", or whatever the precise wording is) and because AL law does not provide for such jury findings, no death sentence based on that aggravator or others that similarly require a jury-finding can be valid in Alabama. The recent AL S.Ct. decision was distinguishable, if I remember correctly, because it was not based on that aggravator but was instead based on the view that the jury had already found the relevant aggravator in the guilt phase.

Now, please, do either of these two things: (a) don't write me any more, or (b) if you do write me, then sign your name and tell me the city in which you live, so that we will be on an equal footing here.

Thanks. Sam Heldman

posted by sam 12:15 PM 0 comments

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