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Additional briefing in Kennedy child rape rehearing debate

By Douglas A. Berman

Over at SCOTUSblog, Lyle Denniston in this post summarizes the new briefs filed today in the Kennedy child rape case.  The post, which is titled "Court urged to hold fast against death for child rape" and includes links to the new filings, starts this way:Lawyers for a death-row inmate in Louisiana, arguing that military law is beside the point when deciding the constitutionality of criminal sentences for civilians, urged the Supreme Court on Wednesday to leave intact its recent decision nullifying the death penalty for the crime of raping a child. Had the Court known at the time of its ruling June 25 that there was a provision in military law on that issue (it apparently did not), that might have deserved mention, but perhaps only a footnote, the new brief filed for inmate Patrick Kennedy said in the case of Kennedy v...continue to full post

Full post as published by Sentencing Law and Policy on September 17, 2008 (boomark / email).