Tagged: 夜上海论坛ZH

03
May
2021

Dissent: Teen Killer’s 110-Year Sentence Warrants Review

first_imgDissent: Teen Killer’s 110-Year Sentence Warrants ReviewDave Stafford for www.theindianalawyer.comA man who was convicted of murdering two people in an East Chicago confrontation in 1996 when he was 16 is entitled by subsequent U.S. Supreme Court rulings to a fresh look at his sentence, a dissenting 7th Circuit Court of Appeals judge wrote.The majority of the three-judge panel denied and dismissed Gary native McKinley Kelly’s motion for an order authorizing the district court to entertain a second or successive petition for collateral review of denial of his petition for habeas relief under 28 U.S.C. § 2254.“We agree with the State: Kelly was afforded all he was entitled to under [Miller v. Alabama, 132 S. Ct. 2455 (2012)],” Judge Daniel Manion wrote for the majority joined by Chief Judge Diane Wood. That decision held mandatory life sentences for juvenile offenders is unconstitutional, and the holding of Miller was made to apply retroactively in McKinley v. Butler, 809 F.3d 908 (7th Cir. 2016).According to the trial court record, Kelly was 16 when he and several other people pulled their vehicles into an East Chicago driveway where three men were standing. Kelly and the others got out, an altercation ensued, and Kelly fired the first shot. Maruice Hobson, Karl Jackson and Vincent Ray, who had been in the driveway, were killed that night. A Lake County jury convicted Kelly of all three murders, but one conviction was vacated. He was given the advisory sentence of 55 years in prison on both sentences, to be served consecutively.The Indiana Supreme Court in 1999 affirmed Kelly’s convictions, and the majority of the 7th Circuit panel dismissed his latest petition for relief, reiterating the trial court findings Indiana’s justices relied upon. Those included the facts that Miller was already on probation with the juvenile court; he shot multiple victims at close range; the killings showed a lack of respect for human life; and he was a risk to commit future crimes. The trial court noted his age as a mitigating factor in handing down the advisory sentence.“The sentencing court had considerable leeway in fashioning Kelly’s sentence and in fact considered his age when deciding on the appropriate term,” the majority concluded in denying the petition for relief in McKinley Kelly v. Richard Brown, 17-1244.But dissenting Judge Richard Posner cited a litany of research and recent Supreme Court precedent regarding high rates of rehabilitation for youthful offenders to urge reconsideration of Kelly’s sentence, which he argued is a de facto life sentence.“(T)he judge found that the killings were not planned and were tragic for everyone involved, including Kelly,” Posner wrote. The judge mused that there ‘have always been disagreements among young people,’ and that what would have been a fist fight or a knife fight in years past, today has elevated consequences because of the ubiquity of guns; not the stuff of a crime demonstrating the complete depravity and irredeemability of Kelly.“We should allow him to pursue his Miller claim in the district court, which should conduct a hearing to determine whether he is or is not incorrigible.”FacebookTwitterCopy LinkEmailSharelast_img read more

16
Sep
2020

Knutson and Ramirez: SU’s historic doubles pair

first_img Published on April 15, 2019 at 10:17 pm Contact Eric: [email protected] Facebook Twitter Google+ There was a knock at the door.Miranda Ramirez, then a freshman, had just moved into her apartment in Syracuse. She opened the door for Gabriela Knutson, who had come to check in on the new freshman just hours after flying in from the Czech Republic. Ramirez hadn’t met anyone on her team yet.“Hi, I’m Gabby, how are you?” Knutson asked excitedly, as she walked through the doorway. They sat and talked for about an hour or so, Ramirez recalls. There was not an instant opportunity for a bond between the two to manifest itself. Even without doubles, the pair became close on the court, in part because of similarities: Knutson is half-American and Ramirez is the only American on the team. It allows them to share humor that their teammates sometimes don’t understand, Knutson said.But once put together in doubles, Knutson and Ramirez became one of the most successful pairings in Orange history. The two, currently ranked No. 56 in the nation, ended last season in the top-10 and earned the first doubles All-American honors in program history.  This season, however, the pair has struggled and entered the spring season unranked after a rough fall season. They’re 12-9 overall and 6-7 in conference play this season, and the Orange have not won a doubles point since March 15. AdvertisementThis is placeholder textNow, the duo has one last chance to make a run in the Atlantic Coast Conference tournament and then potentially in nationals for No. 31 Syracuse (12-11, 5-9 ACC), starting with No. 8-seed Georgia Tech. “She’s my best friend,” Ramirez said. “She’s my favorite doubles partner that I’ve ever had. It’s going to be tough losing her.”Corey Henry | Staff PhotographerAs a freshman, Knutson believed she had already found her perfect doubles partner: Valeria Salazar. They became the first Syracuse doubles pairing since 1996 to reach the NCAA tournament in 2016 where they lost in the first round. In Knutson’s sophomore year (Salazar’s senior year), the pair rose to No. 7 in the national rankings.But after their final tournament of that fall, something wasn’t quite right with Salazar’s wrist — it kept her out of play for Syracuse’s opener against Yale on Jan. 21, 2017. Ramirez slotted in as Knutson’s partner and the two lost, but won the next day against Columbia. In the following two matches against Mississippi State and Denver’s No. 5 and No. 13 ranked pairs respectively, Mesh was placed in for Ramirez and the SU pair lost both times. Salazar returned to doubles action after, and her and Knutson were upset by an unranked Virginia pair. Four days later, SU head coach Younes Limam announced Salazar was playing through a lot of pain and would undergo season-ending wrist surgery. “We just have to adjust to kind of find out our doubles partners,” Knutson said in 2017 while Salazar was injured, “and who each person fits with kind of best and just make it work.”After some initial lineup tinkering, it was apparent that Ramirez could be more than a temporary fix. The pair of Knutson and Ramirez played the last 15 matches of the 2017 season together, going 7-6 including a 6-2 win over Duke’s No. 36 pairing. And in 2018, they got better. The pair went 16-7 with wins over seven ranked opponents, including the No. 1 pair in the nation from Georgia Tech in a dominant 6-2 win. Later that season, the pair advanced to the round of 16 of the NCAA tournament where they fell in a third set super tiebreak to an Oklahoma State duo.“She was thinking that she was never going to be that good with Miranda as with Valeria,” Ilona Knutson, Gabriela’s mother said. “But really, they succeeded very well … She really likes Miranda, big time.”Amy Nakamura | Senior Design EditorKnutson said last week her health might be one of the reasons for their struggles. Between laryngitis and colds, she said she’s had “one, max two weeks” of fully being healthy. More recently, her right arm was bothering her in an April 5 match against Pittsburgh where she was rested in singles.But Ramirez said she feels they haven’t played much differently — never feeling like they’ve been run off the court. Associate head coach Shelley George said splitting them up was never more than a hypothetical.“I mean, you have to understand the ACC, the teams that we’re playing are the very best in Division I collegiate tennis,” George said. “As long as they’re competing hard and going for the W every time, there’s nothing guaranteed. They’re doing all the right stuff, it’s just a point here and a point there.”When the season does end, Syracuse will have to replace a historic doubles pair once Knutson, who competed in two top-10 doubles pairings, graduates. But Ramirez will try to pass down what Knutson taught her to start the cycle again.“I’m going to welcome in the freshmen the same way [Knutson] did for me,” Ramirez said. “I’m going to try to be that support system, that friend. Whatever they need.”Staff writer Andrew Crane contributed additional reporting. Commentslast_img read more