USLegal Reporter » Kennedy v. Louisiana http://reporter.uslegal.com Just another USLegal Blogs weblog Tue, 09 Mar 2010 14:29:13 +0000 http://wordpress.org/?v=2.8.2 en hourly 1 No Rehearing by Supreme Court of Child Rape Case http://reporter.uslegal.com/2008/10/02/no-rehearing-by-supreme-court-of-child-rape-case/ http://reporter.uslegal.com/2008/10/02/no-rehearing-by-supreme-court-of-child-rape-case/#comments Thu, 02 Oct 2008 14:42:16 +0000 Della Sellers http://reporter.uslegal.com/?p=502 The US Supreme Court Wednesday rejected requests for reconsideration of its ruling in Kennedy v. Louisiana, where it held that imposing the death penalty in cases not involving murder (in this case, a child rape case) is unconstitutional. The vote was 7-2 to decline the rehearing requests when votes to rehear the case were needed from five out of the nine justices. The Court noted that the subsequent knowledge of a federal military law that allows capital punishment for child rape did not necessitate a rehearing and did not alter the courtÂ’s reasoning and ruling.

The Court had previously held that no federal laws allowed the death penalty in rape cases. The federal military law, an amendment to the Uniform Code of Military Conduct, was first mentioned in an internet blog by a civilian Air Force attorney.

Source: http://jurist.law.pitt.edu/paperchase/2008/10/us-supreme-court-declines-to-rehear.php

]]> http://reporter.uslegal.com/2008/10/02/no-rehearing-by-supreme-court-of-child-rape-case/feed/ 0 Supreme Court Requests Briefs Regarding Possible Rehearing of Capital Punishment Child Rape Case http://reporter.uslegal.com/2008/09/09/supreme-court-requests-briefs-regarding-possible-rehearing-of-capital-punishment-child-rape-case/ http://reporter.uslegal.com/2008/09/09/supreme-court-requests-briefs-regarding-possible-rehearing-of-capital-punishment-child-rape-case/#comments Tue, 09 Sep 2008 19:12:14 +0000 Della Sellers http://reporter.uslegal.com/?p=438 The US Supreme Court issued an order Monday requesting that parties involved in the recent Kennedy v. Louisiana case and the Bush Administration submit briefs by September 24, 2008 addressing whether the subsequent knowledge of a federal military law that allows capital punishment for child rape necessitates a rehearing and whether the federal law should alter the court’s ruling that imposing the death penalty in cases not involving murder is unconstitutional.

Previously, prosecutors for the state of Louisiana filed a petition requesting that the Court reconsider its ruling in the case that referenced the limited amount of state law and supposedlly no federal law that allowed such punishment. The federal law, an amendment to the Uniform Code of Military Conduct, was first mentioned in an internet blog by a civilian Air Force attorney.

Five out of the nine justices will have to vote for a rehearing.

Source: http://abcnews.go.com/TheLaw/SCOTUS/story?id=5760359&page=1

]]> http://reporter.uslegal.com/2008/09/09/supreme-court-requests-briefs-regarding-possible-rehearing-of-capital-punishment-child-rape-case/feed/ 0