Supreme Court bars Triple Talaq for six months. Here's a 11-point primer is a fascinating example in retrospection.

The opinion of the court to which the article links is 395pp. It's actually, literally a compendium of related law, quoted at length, to demonstrate the tribunal's reasoning and it's purpose, which is to conform socially acceptable rules of conduct from diverse "custom and usage".

I'm at p298. Thank you, Prof. Lal.

Diversity is the key to economic and political evolution.

Part-6 - Judicial pronouncements, on the subject of `ta laq-e-biddat'). These judgments, however, attempted the  interpretative course, as  against an invasive one. The  details  depicted  above  relate  to  mar riage  between Christians, Parsis, inter-faith  marriages, Muslims and  Hindus, including Buddhists, Sikhs and Jains. The unbroken  practice during the pre- independence period, and the post  independence period - under the Constitution, demonstrates a clear and unambiguous course, namely, reform in the matter of  marriage and divorce (which are integral components of  `personal law') was only introduced through legislation. Therefore in continuation of the conclusion already recorded, namely, that it is the constitutional duty of all courts to preserve and protect `personal law' as a fundamental right, any change thereof, has to be only by legislation under Articles  25(2) and 44, read with entry 5  of the Concurrent List contained in the Seventh Schedule to the Constitution. [p253]

(8) Reforms to 'personal law' in India, with reference to socially unacceptable practices in different religions, have come about only by way of legislative intervention.

(c) The overwhelming weight of international opinion against the juvenile death penalty is not controlling here, but provides respected and significant confirmation for the Court's determination that the penalty is disproportionate punishment for offenders under 18. See, e. g., Thompson, supra, at 830-831, and n. 31. The United States is the only country in the world that continues to give official sanction to the juvenile penalty. It does not lessen fidelity to the Constitution or pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and peoples underscores the centrality of those same rights within our own heritage of freedom. Pp. 575-578. 112 S. W. 3d 397, affirmed. Kennedy, J., delivered  the  opinion of the Court.

Now here is the bouncing plea OTTE v. THE STATE OF OHIO from the US Supreme Court back to the tribal and indigenous lands of Cuyahoga County. Otte's post-conviction "appeal" to unconstitutionality of the penalty seeks a remedy which cannot be found without review of finding of facts, exculputory evidence, that exonerate him.

(ii) that the applicant was convicted under a statute that is in violation of the Constitution of the United States or the constitution of the state in which judgment was rendered, or that the conduct for which the applicant was prosecuted is constitutionally protected;

Otte maintains in principle that he would have been a protected class of convict, if at that time (1992) Roper had proscribed capital punishment for persons age 18 and younger in Ohio and scientific research subsequently admitted as in the decision Commonwealth of Kentucky v. Bredhold (1 Aug 2017) had been available in his own defense.

Dr. Benedict found that Mr. Bredhold was about four years behind his peer group in multiple capacities.

Otte appeals to "a national consensus against executing offenders under the age of twenty-one" to make clear objective indicia (notwithstanding custom and usage in Texas) that the death penalty is disproportionate punishment for offenders younger than 21 years old. That it is socially unacceptable. He is after all represented by federal public defenders.

Finally, Otte's prayer for relief depends on reversing time. After Chapman v. California, US standards for retroactive application of changes in constitutional law are narrowest when defendants convicted or sentenced have already exhausted a habeas proceeding, and it can "be said with relative assurance that [errors] had no effect on the ultimate verdict." For Otte was also convicted of additional substantive crimes, evoking instructions in McNeill v. United States which may well presume he alone is irredeemable.

He is scheduled to die 13 Sept 2017.


Diversity is the key to economic and political evolution.

Restorative Justice Community Court arrives in North Lawndale
Cook County circuit court and UCAN "peace circles" received a $200,000 grant from the DoJ Bureau of Justice Assistance.

Innocent But Pleading Guilty
Relating convictions and exoneration. LISTEN. WYPR "On the Record" host talks with reporter Megan Rose and Maryland Restorative Justice Initiative exec director Walter Lomax.

Diversity is the key to economic and political evolution.