Dissent: 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 LinkEmail
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BACOLOD City – Residentsof Negros Occidental and this city are now required to wear face masks whenleaving their homes to work or buy essential goods. “To ensure the success of the imposedcommunity quarantine, the City of Bacolod should utilize all preventivemeasures in reducing virus transformation,” the order further said. In Bacolod City, Leonardia issued EO 27,series of 2020, which states that “it is a scientific fact that mask-wearingcan help decrease transmission rates of Covid-19 along with correct handwashing and strict social distancing.” For purposes of EO 27, face masks includesurgical masks or any reusable device made of cloth or any breathable materialworn over the nose and the mouth that can serve as a protection or barrier froma disease such as Covid-19. The directive stated that reusable face masksare encouraged. It also defined face mask as any fabric, lining or barrier thatcan cover the nose and mouth of the wearer. This includes, but is not limitedto, cloth masks, bandanas, surgical masks, and similar items. Mayor Evelio Leonardia visits on April 2 the volunteers and members of Dagyaw Negrense, led by John Anthony Ledesma, at their packing site in Trinity Christian School in Villa Angela Subdivision, as they show to him the 7,000 food packs that they have finished packing, to be distributed to various barangays in Bacolod. BACOLOD CITY PIO Mayor Evelio Leonardia and Gov. Eugenio JoseLacson of Negros Occidental issued separate executive orders on the mandatoryuse of face masks as preventive measures against coronavirus disease. Section 1 stated that the wearing ofdisposable and/or reusable face masks in public places in the city shall bemandatory while Section 2 encouraged all persons in Bacolod to wear face masksin their residences or places of lodging. (With PNA/PN) “Then Provincial Health Office has recommendedthe use of face masks to be mandatory when going out in public as a diseaseprevention and control measure in limiting the spread of COVID-19,” Lacson saidin his EO. “Violations of this order shall be punishablein accordance with the applicable penalty provided under Section 10 of RepublicAct 11332 (Law on Reporting of Communicable Diseases) and other applicablelaws,” the order further stated.
Lucky. Looking back, that’s the only way that head women’s tennis coach Richard Gallien can describe his 22 years at USC.In his time as a Trojan coach, Gallien earned accolades as five-time Pac-12 Coach of the Year, leading his team to 10 finishes in the national top 20 and four Pac-12 titles. But this season will be his last as a Trojan after he announced his retirement earlier this month.It’s a bittersweet goodbye for Gallien, who carved his own legacy into the women’s tennis program. But as he comes to the end of his road with his team, Gallien feels that he finishes his time with his team with no regrets.“I tried to give my all to the team, to the school and to my players,” Gallien said. “It’s meant so much to me to work in this type of environment, with these types of people, for so long.”For all his life, he loved USC.Gallien grew up as a fan. His role model and childhood hero was former USC Athletic Director and quarterback Pat Haden, and Gallien watched his idol play in every game on Saturday. When his family came to Los Angeles for games, Gallien always brought apples to the Coliseum to feed Traveler, the school mascot.His path, however, didn’t take him to USC at first. Gallien attended Pepperdine University on a tennis scholarship, then stayed to become a coach. He was close to taking a job as the head men’s tennis coach when Haden called to give him an offer to coach the women’s tennis team.If he wanted a job at USC, he had it. Gallien took the position and never looked back.Before coming to USC, he’d never coached women before. Gallien wasn’t entirely sure what to expect, but he quickly found that while it was different from his past job, it was exactly what he wanted.At a school such as USC, sports like women’s tennis often fly under the radar, overshadowed by football and basketball. Yet Gallien found that his athletes still bought into the mentality of being a Trojan, attacking each day with an edge for competition.“The kids on the football team, they play in front of 100,000 people,” Gallien said. “The kids on the tennis team, they don’t have that environment pushing them on. But they’re still so remarkable, and they’re so incredibly lucky.”Gallien’s presence made an impact on the program from his very first season. He stepped into the position at a time when the Trojans were struggling to find their place in the then-Pac-10, and quickly rose to notch a 367-144 record with the team.His team reached this level through a mentality of flexibility. Gallien recognized that each player who joined his team would be different, bringing their own method of attack to the game. If he tried to force every player into a specific style of play, he knew that he would risk limiting their talent.Instead, Gallien focused on developing each player individually, allowing them to play to their strengths in order to win. In a sport like tennis, he said, it is vital to let each player develop their own approach.“[Tennis] is boxing without gloves,” Gallien said. “There’s no timeouts. There’s no substitutions. The clock cannot save you. I have a lot of admiration for the girls. They risk so much physically and emotionally.”It wasn’t always about winning. Not for Gallien, and not for his team.Whether he was approaching a practice or a championship game, Gallien felt that the most important thing was to make sure that his athletes felt fulfilled both on and off the court.He believed in the little things, like taking his team on a trip to South Bend for the Notre Dame football game every other year, playing a friendly match against the Irish the night before and then attending the game the next day. These are, he believes, what truly makes a team — camaraderie and trust, not statistics.As a coach, his highlight reel consists of little moments as well as championship games. Gallien is quick to remember the morning of the Final Four in 2015, when former player Gabriella DeSimone invited him to attend a Mormon service with her at her home church in Texas. The team lost later in the day, but the memory of a quiet morning spent with one of his players remains as one of the best memories of his career.No matter what, Gallien emphasized that his focus as a coach was in providing each of his players with the best possible college experience.“Coaching is an enormous privilege,” Gallien said. “I always wanted them to feel like I’m looking out for them. The collegiate experience … it’s special, and I always wanted them to get the very most out of it.”In the end, Gallien says, tennis has defined his life.He grew up in a low-income neighborhood in the San Fernando Valley, taking public transit to tennis lessons several days each week. Tennis gave him a scholarship to college and a job for when he graduated; it’s how he met his wife, Lisa, and built his family. And for the last 22 years, USC tennis has been his constant.Gallien isn’t sure where his future will lead — the tennis court or elsewhere — but he knows that he will always remain anchored to tennis and USC.“It’s given me everything,” Gallien said. “It really has given me everything, and I couldn’t be any luckier.”
The classic Premier League clash of Arsenal and Manchester United is the headline game of round 30 in the 2018/19 season, though focus will also fall on the title battle between Manchester City and Liverpool.DStv and GOtv will be your home for the best action from the English top flight.Arsenal v Man United has long been regarded as one of the great rivalries in the English game, and while neither club is at the peak of their powers, their clash at the Emirates Stadium in London on Sunday is set to have huge ramifications for their top-four ambitions. United’s fantastic run of domestic form under caretaker manager Ole Gunnar Solskjaer continued this past weekend when they beat Southampton 3-2 in a thriller at Old Trafford, lifting them into fourth place at the expense of Arsenal, who put up a strong showing in holding North London rivals Tottenham Hotspur 1-1 at Wembley.One of Solskjaer’s best wins in his tenure thus far came at the Emirates earlier this year when his side defeated Arsenal 3-1 in an FA Cup clash. Repeating the feat will be no easy task, especially with the Red Devils’ spate of injuries, but they will fancy their chances of overrunning the Gunners again.Elsewhere, the title race continues to burn and champions Manchester City will have the chance to open up a four-point lead at the top when they host Watford on Saturday night. This would turn the pressure up on Liverpool, who host Burnley on Sunday afternoon but will still be feeling frustrated at having been held to a 0-0 draw by Everton in the Merseyside derby this past weekend – a result which may have handed the initiative back to City in the fight for top spot.Viewers can also enjoy one of the fiercest rivalries in the Premier League as the round opener, with Selhurst Park playing host to Crystal Palace v Brighton & Hove Albion. The mutual enmity between the Eagles and the Seagulls spices up this rivalry, as does the fact that both are not yet clear of potential relegation trouble.Meanwhile in other leagues, the round 27 of the 2018/19 Serie A season will see the focus turn to the fight for UEFA Champions League berths, as the likes of Milan, Internazionale, Roma and Lazio scrap over positions three to six.The title race seems to be all but over after Juventus claimed a 2-1 away win over Napoli at Stadio San Paolo on Sunday night, with goals from Miralem Pjanic and Emre Can securing a result which hands the Bianconeri a massive 16 point lead at the top of the log.Juve needs only 21 more points from 12 matches to guarantee the title – and that’s assuming the second-placed Neapolitans pick up every available point until the end of season. The ‘Old Lady’ will begin the countdown to yet another Scudetto when they open the round at home to Udinese tonight.With the top of the table seemingly settled, the interest for DStv and GOtv viewers will fall on the results for Milan, Inter and the capital duo of Lazio and Roma (with the former claiming an emphatic 3-0 win over the latter in their derby clash this past weekend).Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram