Kansas GOP Insider (wannabe): Media Ignores Judicial Malpractice... Episode 1,756,221 State v. Cheever

Wednesday, November 2, 2016

Media Ignores Judicial Malpractice... Episode 1,756,221 State v. Cheever

The most critical issue on Kansas ballots this election cycle is judicial retention. Kansas' Supreme Court is an activist court hellbent on just making up laws as they go. Even Justice Sotomayor--a liberal U.S. Supreme Justice--agrees. If you haven't listened to Joseph Ashby's audio of U.S. Supreme Court Justices Sonia Sotomayor and Antonin Scalia questioning the Kansas Supremes' decision-making, do yourself a favor and do it now

The liberal reason against tossing out 4 of the 5 justices up for retention is that Gov. Brownback would get to pack the court. This is patently untrue. That's not how Kansas' stupid Supreme Court selection process works. Liberals know this, but they're lying and misleading the public, because they like having an activist court to enact laws that the liberals can't get past the voters. If you are unsure about the Kansas Supreme Court selection process, check this out.

The liberals' media allies are conveniently ignoring the Kansas Supreme Court cases that have so enraged people across the state. Take Kansas v. Cheever. 

Scott Cheever was convicted of shooting and killing a Greenwod County Sheriff Matthew Samuels in 2005. Samuels was attempting to serve a warrant when he arrived to a home in Hilltop, Kansas. Cheever stood trial, was convicted, and a jury sentenced him to death.

The Kansas Supreme Court overturned his death sentence, because they wrote, Cheever's Fifth Amendment rights were violated. The Kansas court suggested that Cheever's rights of self-incrimination were violated when the court ordered mental evaluation from different trial against him. (Basically, Cheever's attorneys argued that meth had damaged his brain, while prosecutors argued that his anti-social personality explained his actions. 

In a unanimous decision, the justices of the U.S. Supreme Court overturned the Kansas high court, restoring Cheever's death sentence. 

The liberals argue that Cheever has a right to appeal his sentence, and that is 100 percent true. And the Kansas Supreme Court did just that. Overturning a death sentence because the Kansas justices don't like the death penalty is the problem. No one is suggesting that judicial review is a concern. It's the Kansas Supreme Court rulings that are at issue.

Where they went to far--and have done so continually--is repeatedly overturning death sentences simply because the Justices disagree with the death penalty. 

For what it's worth, I oppose the death penalty as well, but what I think about the death penalty is irrelevant. What members of the Kansas Supreme Court think about the death penalty is irrelevant, too. Kansas law allows it, and the U.S. Supreme Court has continually held that capital punishment is Constitutional. 

What upsets victims so much is that an overturned death sentence would require a new sentencing hearing. This means the victims of crimes like those of the Carr brothers would be required to relive that awful event again at a new sentencing hearing; a hearing the U.S. Supreme Court deemed completely unnecessary. 

While the accused and even the convicted have rights, they shouldn't supersede the rights of the victims. Unfortunately, the members of the Kansas Supreme Court seem to think differently. The media and the vicious, dishonest supporters of retaining these justices have largely ignored the judicial malpractice of the Kansas Supreme Court.

Kansas law provides a remedy for removing justices who refuse to exercise good judgment. Members of the Kansas Supreme Court aren't promised lifetime appointments. Voters can remove unjust justices, and voters should exercise that right.

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