Update on "5 cyclists killed in Kalamazoo"
05-02-18, 07:06 AM
#251
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For example, one might argue that a lengthy sentence for an "accident" amounts to "cruel and unusual punishment" if they can argue the sentence is unusually long or harsh.
Of course, Pickett may not have the funds for multiple appeals, and may not have the outside support to do so.
05-02-18, 07:27 AM
#253
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Anything can be made to sound "federal".
For example, one might argue that a lengthy sentence for an "accident" amounts to "cruel and unusual punishment" if they can argue the sentence is unusually long or harsh.
Of course, Pickett may not have the funds for multiple appeals, and may not have the outside support to do so.
For example, one might argue that a lengthy sentence for an "accident" amounts to "cruel and unusual punishment" if they can argue the sentence is unusually long or harsh.
Of course, Pickett may not have the funds for multiple appeals, and may not have the outside support to do so.
Looked at the statistics of the percentage of writs they grant, and the type of cases which they accept?
'Ive done all of those, and I can tell you the chances the US Supreme Court would ever grant cert in this case are vanishingly small.
The Court gets about 10,000 cert petitions a year; they accept around 50-80, or well less than 1%.
The SC only has jurisdiction to hear appeals from a state court on questions involving the U.S. Constitution, or federal statue.
There is no federal statue involved in this case, and any attempt to drum up a US Constitutional issue would be far fetched. (It's well established that aggravated drunk driving can be prosecuted as murder pursuant to state statues in a number of jurisdictions, as upheld in numerous cases.)
ln the 2017 term, the US Supreme Court took a total of 2 criminal cases from state courts on cert. Both involved US constitutional issues. (one was double jeopardy, the other a 4th amendment search and seizure issue. Neither of those issues are here.)
An argument that even a life sentence for an adult convicted of 2nd degree murder constitutes an 8th amendment violation is the longest of stretches, given that people routinely receive life sentences for murder, and none of those cases make it to the Supremes.
The SC simply will never take this case.
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You could fall off a cliff and die.
You could get lost and die.
You could hit a tree and die.
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You could get lost and die.
You could hit a tree and die.
OR YOU COULD STAY HOME AND FALL OFF THE COUCH AND DIE.
Last edited by merlinextraligh; 05-02-18 at 07:31 AM.
05-02-18, 07:44 AM
#254
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At least 27 states, and the Federal government allow the imposition of a life sentence for 2nd degree murder. To accept an argument that a life sentence for 2nd degree murder constitutes cruel and unusual punishment in violation of the 8th amendment, you'd have to invalidate all of those statutes, and the thousands of sentences that have been imposed under those statutes.
Life imprisonment for murder is simply a time honored, and precedent supported punishment. There's nothing in Supreme Court jurisprudence to suggest that the current court would have any interest whatsoever in hearing a case to invalidate a life with parole sentence to an adult convicted of the second degree murder as cruel and unsusual.
Life imprisonment for murder is simply a time honored, and precedent supported punishment. There's nothing in Supreme Court jurisprudence to suggest that the current court would have any interest whatsoever in hearing a case to invalidate a life with parole sentence to an adult convicted of the second degree murder as cruel and unsusual.
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You could fall off a cliff and die.
You could get lost and die.
You could hit a tree and die.
OR YOU COULD STAY HOME AND FALL OFF THE COUCH AND DIE.
You could fall off a cliff and die.
You could get lost and die.
You could hit a tree and die.
OR YOU COULD STAY HOME AND FALL OFF THE COUCH AND DIE.
05-02-18, 04:41 PM
#255
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Finally, Justice for injustice. No 'C'est la vie(French for 'Such is life') attitude by the legal system.
05-02-18, 05:28 PM
#256
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Unusual just means you can't have a judge make up his own kind of punishments, like they used to do in the bad old days. You can't decide to break someone on the wheel for parking violations or saying things someone connected does not like.
There's nothing unusual about life sentence for murder and nothing cruel about imprisonment, which is the least cruel kind of punishment you can give someone. Mainly youa re just getting them away from everyone else. And someone who did something like this can obviously not be trusted to run loose, taking away his driver's license would be meaningless because it's already illegal to drive while taking abusive levels of narcotics.
There's nothing unusual about life sentence for murder and nothing cruel about imprisonment, which is the least cruel kind of punishment you can give someone. Mainly youa re just getting them away from everyone else. And someone who did something like this can obviously not be trusted to run loose, taking away his driver's license would be meaningless because it's already illegal to drive while taking abusive levels of narcotics.
05-03-18, 03:15 AM
#257
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05-03-18, 10:50 AM
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His legal defense was grasping at straws for this trial simply trying to keep some of the convictions from happening, I'd love to see what they think they can do on appeal. Any civil cases that are bound to happen will clean out whatever money he may have (I hate to judge other's financial position, but I'm still guessing not much), and I seriously doubt any law firm is going to take on this case pro bono.
05-15-18, 07:59 AM
#260
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Or, you could, y'know, stay on top of the story yourself...
Jury 'very confident' in conviction of driver who killed 5 bicyclists
By Kayla Miller
KALAMAZOO, MI -- The decision to convict Charles Pickett Jr. of second-degree murder wasn't one the jury took lightly.
Jury foreman Nick Meisling, 27, of Portage, said it "wasn't the quickest decision," but the jury members felt "very confident" in the verdict Tuesday, May 1.
A key fact that swayed jurors was that Pickett chose to drive after consuming drugs, Meisling said.
"Mr. Pickett had many opportunities, more than one opportunity, to stop driving," Meisling said. "He chose to keep going."
The jury deliberated for about four hours Tuesday before finding Pickett guilty of five counts of second-degree murder and five counts of operating while under the influence causing death in the June 2016 death of five bicyclists.
...He was also convicted of four counts of operating while intoxicated causing serious injury for the injuries caused to bicyclists...
Jury foreman Nick Meisling, 27, of Portage, said it "wasn't the quickest decision," but the jury members felt "very confident" in the verdict Tuesday, May 1.
A key fact that swayed jurors was that Pickett chose to drive after consuming drugs, Meisling said.
"Mr. Pickett had many opportunities, more than one opportunity, to stop driving," Meisling said. "He chose to keep going."
The jury deliberated for about four hours Tuesday before finding Pickett guilty of five counts of second-degree murder and five counts of operating while under the influence causing death in the June 2016 death of five bicyclists.
...He was also convicted of four counts of operating while intoxicated causing serious injury for the injuries caused to bicyclists...
05-15-18, 10:18 AM
#261
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06-07-18, 07:45 PM
#263
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Two years ago today this tragic event happened. Tonight we gathered at the park just down the street from the scene of the crash to dedicate a memorial to honor the five who were killed and the four who survived. After the dedication ceremony about 150 fellow cyclists rode the route that the group had planned to ride that evening.
Chain Gang Memorial by cb400bill, on Flickr
Chain Gang Memorial by cb400bill, on Flickr
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06-07-18, 07:59 PM
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Two years ago today this tragic event happened. Tonight we gathered at the park just down the street from the scene of the crash to dedicate a memorial to honor the five who were killed and the four who survived. After the dedication ceremony about 150 fellow cyclists rode the route that the group had planned to ride that evening.
06-08-18, 12:06 PM
#267
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By the way, the sentencing is scheduled for this Monday.
06-08-18, 01:00 PM
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There will be no light sentence.
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06-08-18, 01:41 PM
#270
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5 counts of murder-2, he should be leaving prison feet first.
Very nice memorial, kudos to everyone who had a part in getting this done.
Very nice memorial, kudos to everyone who had a part in getting this done.
06-11-18, 09:55 AM
#272
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Charles Pickett Jr., 52, was sentenced by Kalamazoo County Circuit Court Judge Paul J. Bridenstine Monday, June 11, to 40 to 75 years in prison for the June 7, 2016 crash.
With the minimum sentence and the time served credit, Pickett won't be eligible for parole until he's at least 90 years old.
Charles Pickett Jr. sentenced to 40 years for Kalamazoo bicycle crash | MLive.com
With the minimum sentence and the time served credit, Pickett won't be eligible for parole until he's at least 90 years old.
Charles Pickett Jr. sentenced to 40 years for Kalamazoo bicycle crash | MLive.com
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06-11-18, 10:53 AM
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This made the news here this morning in Chicago, and now it's on the front page of Yahoo.
Last edited by no motor?; 06-11-18 at 12:32 PM.
06-11-18, 05:32 PM
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MSN also ran a piece on this. Victim Confronts the Man Who Mowed Down Her and 8 Other Cyclists ? Killing 5 ? While Driving Drunk
06-11-18, 07:07 PM
#275
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They got him, unless an appeal will reduce the sentence, he'll die in prison or in a very controlled environment when he gets elderly. Looking through the youtube videos about the case, but the one with him in the ambulance is pretty damning. The defense basically tried to pin their hopes that the medications he was taking didn't have warning labels about driving.