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Louisiana files final Kennedy rehearing petition brief

By Douglas A. Berman

As detailed here at SCOTUSblog, Louisiana today filed its final brief before the Supreme Court decides whether to rehear the Kennedy child rape case.  This last brief is available at this link, and here is part of Lyle Denniston's summary: The new brief went to considerable lengths to try to persuade the Court that the fact that an existing federal law on death penalty for child rape was only a military law, binding in that sector alone, should not make a difference in judging whether it contributes to a ?national consensus? in favor of the penalty.... The brief, taking note of the fact that the Court, in judging other crimes and their eligibility for the death penalty, had cited foreign law for guidance, argued that ?the failure to consider domestic military law would a fortiori call into question any reliance on the laws and practices of foreign jurisdictions...continue to full post

Full post as published by Sentencing Law and Policy on September 24, 2008 (boomark / email).