Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·JANUARY 29, 2014

USA - Colorado. Senate killed a bill that would have limited death penalty appeals to a period of three years

USA - Colorado. Senate killed a bill that would have limited death penalty appeals to a period of three years

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Senate Judicial Committee killed SB 69, a bill sponsored by Sen. Greg Brophy that would have limited death penalty appeals to a period of three years – instead of 20 years or more. The bill would have directed the Colorado Supreme Court to resolve all death penalty appeals within 3 years. SB 69 does have an "out" for the state Supreme Court: it would allow for extra time for "extraordinary circumstances." Brophy explained that this language was inserted to make the bill constitutional and avoid violating a "separation of powers" issue. In U.S. law, each branch of government (legislative, executive and judicial) has its own authority and responsibility, and the powers of one branch cannot conflict with another. That didn't stop the Colorado Supreme Court from opposing the bill on those grounds. Patrick Broadhead, representing the Court, told the committee that the Court has its own authority to set certain rules related to the appeals process. The bill also drew opposition from criminal defense lawyers and the League of Women Voters. No one testified in favor of SB 69. The committee is comprised of 5 members: 3 Democrats and 2 Republicans. The bill failed on a 2-3 party-line vote.
SOURCES
  • (source: Journal-Advocate, 29/01/2014)