Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Friday, August 05, 2005
Kansas City Defendant convicted in retrial for murdering federal witness in Omaha Neb. credit union robbery Xavier Lightfoot was convicted in KC Federal Court on retrial of murdering a federal witness against him in a Omaha Neb. credit union robbery. See post on Showmeblawgs 7-26 Murdered Hermaphrodite was federal witness; retrial starts in KC . The co=defendant pleaded guilty last year and agreed to testify against Lightfoot in exchange for a sentence of 15 to 25 years. In 1999, Lightfoot and Peoples were both convicted of murder and sentenced to life in prison, but an appeals court overturned the convictions and prosecutors sought the death penalty against Lightfoot in his second trial.About three years ago, the U.S. Supreme court decision SATTAZAHN V. PENNSYLVANIA (01-7574) 537 U.S. 101 (2003) made it clear that federal prosecutors can seek execution on retrials after original jurors deadlocked on the death penalty. The 8th Circuit denied People's motion to strike the Federal Government's intention to seek the death penalty in 2004. United States v Peoples 03-1207. Legal experts believe this case is probably the first federal death penalty trial triggered by that ruling.
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