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Louisiana's Argument

By Corey Rayburnyung

In this post, I've attempted to summarize the key arguments by Louisiana: The Respondent starts off with the brutal details of the fact. Stevens interjected to point out that the victim's physical injuries were not, in fact, "permanent" as the Respondent had stated. Kennedy, who is always the focal point of cases these days, finally chimes in with what he sees as the Coker dilemma. Unfortunately, the exchange doesn't yield much in indicating which way Kennedy might be leaning. Breyer says that Coker doesn't control. I think this is right and it is nice to see that red herring may be put aside. Coker can be distinguished, but that doesn't mean the Court should uphold the Louisiana statute. In response to Breyer's related question, the state says that the Court should allow capital punishment for all sorts of non-homicide crimes (Scalia says "Just the way they used to...continue to full post

Full post as published by Sex Crimes on April 16, 2008 (boomark / email).