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: Legal Pad | LADavis death sentence upheld, but faces years of appeals
By Richard Binder
The California Supreme Court yesterday upheld Richard Allen Davis' death sentence for the 1993 kidnap and murder of 12-year-old Polly Klaas, ending the first step in an appeals process that likely has a decade or more left to go.
The 112-page ruling unanimously rejected all of Davis' legal arguments and his bid to overturn his 1996 convictions and death sentence for a killing that triggered national outrage. Particularly at issue was what appellate attorney Phillip Cherney referred to as "overzealous law enforcement agents" violating Davis' Miranda rights during the police interrogations.
Writing for the court, Justice Joyce Kennard rejected all of Davis' arguments, saying that police can ignore a suspect's rights to counsel if they believe someone's life is in jeopardy.
Cherney said he will appeal in federal court.
Full post as published by Legal Pad | LA on June 02, 2009 (boomark / email).
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