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Pending cases The following is a list of cases pending before the courts in which CJLF has filed an amicus curiae brief,
beginning with the most recently filed.
Hall v. Florida, No. 12-10882
United States Supreme Court
Hall v. Florida: United States Supreme Court case involving a murderer who carjacked a pregnant woman, raped her, and then killed her as she begged for her life and her child’s life. He had previously assaulted another woman and later murdered one police officer and shot at another. His lawyers now claim he is retarded and exempt from execution under a 2002 Supreme Court precedent, Atkins v. Virginia, despite multiple IQ test scores above the usual threshold of 70, ranging as high as 80. The defendant now claims Florida and other states with laws using a cut-off of 70 violate the Atkins rule, even though these laws were cited by the Supreme Court as the consensus needed to establish that rule. CJLF argues that the Supreme Court should not micromanage the definition of retardation but rather allow the states reasonable leeway in the borderline cases. If the rules are made by courts in a slow trickle of decisions, as we have seen with other sentencing rules. CJLF argues that the Supreme Court should not micromanage the definition of retardation but rather allow the states reasonable leeway in the borderline cases. If the rules are made by courts in a slow trickle of decisions, as we have seen with other sentencing rules. The execution of justly imposed sentences will be needlessly delayed as these issues are litigated.
White v. Woodall, No. 12-794
United States Supreme Court
White v. Woodall: U. S. Supreme Court review of a Federal Sixth Circuit Court of Appeals ruling which overturned the death sentence of a Kentucky rapist/murderer. The case involves the 1997 kidnap, rape, and brutal murder of Sarah Hansen, a 16-year-old cheerleader and honor student, by 22-year-old Robert Keith Woodall. The evidence included Woodall’s fingerprints, DNA, and his admission of the rape and kidnapping. Woodall pleaded guilty and did not testify at the sentencing hearing. The trial judge refused his lawyer’s request to instruct the jury not to infer anything from his refusal to take the stand. The Kentucky Supreme Court rejected Woodall’s claim that the judge’s failure to instruct sentencing jury violated the Fifth Amendment. Last year, the Sixth Circuit disagreed and overturned the death sentence. At the invitation of the Kentucky Attorney General, CJLF joined the case to argue that federal law prohibits the federal courts from overturning a state court decision unless it was contrary to Supreme Court precedent. Because the Supreme Court has not required an "adverse inference" instruction at sentencing hearings in these circumstances, the Sixth Circuit exceeded its authority by sparing this admitted murderer from the penalty he deserves.
People v. Moffett, No. S206771
Connecticut Supreme Court
People v. Moffett: California Supreme Court case involving a criminal (a few days short of his 18th birthday) who was an accessory to the murder of a police officer, during the attempted escape from an armed robbery. Andrew Moffett was convicted of the murder of Officer Larry Lasater, which is a death penalty offense for murderers 18 and over. Because of his age, he received a sentence of life in prison without the possibility of parole (LWOP). During sentencing, the judge noted that she was exercising her discretion to give him LWOP rather than life with parole due to the circumstances of the crime. While Moffett’s case was on appeal, the U. S. Supreme Court, in Miller v. Alabama, abolished mandatory LWOP for murderers under 18. The state Court of Appeals then overturned Moffett’s sentence, announcing that it violated the "spirit" of Miller. When the California Supreme Court agreed to hear the state’s appeal, CJLF filed an amicus curiae brief on behalf of Officer Lasater’s wife, mother, and brother, arguing to reinstate Moffett’s sentence. The brief notes that the Miller ruling bars mandatory LWOP for murderers under the age of 18, while California law is not mandatory and gives judges sentencing discretion.
Brown v. Plata, No. 13A57
United States Supreme Court
Brown v. Plata: United States Supreme Court case seeking review of the refusal of a three-judge district court to reconsider its order imposing an arbitrary cap on the California prison population. CJLF filed a brief on behalf of all four of California's living former governors supporting a request for a stay of this order. The Court denied the stay. Its subsequent disposition of the appeal indicates that the basis was a question of jurisdiction rather than the merits of the case.
Connecticut v. Santiago, No. S.C. 17413
Connecticut Supreme Court
Connecticut v. Santiago: Connecticut Supreme Court case in which a murderer seeks to overturn the legislature's decision to leave the death penalty in place for prior murders, while repealing it for future murders. Eduardo Santiago was a hired killer who shot Joseph Niwinski in the back of head while he was asleep. His price for this "job" was a broken snowmobile and payment of his credit card debts. CJLF argues that the legislature reached a legitimate compromise in deciding to reduce the maximum penalty for future crimes only.
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