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SCOTUS declines death row inmate's appeal

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The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.

In an order list issued today, the Supreme Court of the United States indicated that during its March 5 conference it denied certiorari in David Paul Hammer v. John D. Ashcroft, et al., No. 09-504, which involves the federal prison inmate being housed in Terre Haute. Even though a federal judge tossed David Paul Hammer's sentence in 2005, he remains on death row as the government is still deciding whether to re-seek execution.

The appeal involved Hammer's challenge to a policy adopted by the U.S. Attorney, which banned death row inmates from conducting in-person interviews with the media after Oklahoma City bomber Timothy McVeigh in 2000 appeared on "60 Minutes." Hammer sued in 2004, and in February 2006 then-U.S. District Judge John D. Tinder in Indianapolis granted summary judgment against him. A 7th Circuit panel reversed that decision in 2008, but last summer the full court affirmed Judge Tinder - who by then was elevated to the appellate bench but didn't participate in this decision. Attorneys appealed to the SCOTUS in October, but justices declined to intervene in the prison free-speech case even though 23 news media organizations had urged them to hear the case.

Originally sentenced to die in 1998 for the April 1996 strangling death of his cellmate, Hammer has been appealing that death sentence for a decade. He's gotten national attention for not only his appeals but also his prison behavior through the years. An insulin-dependent diabetic, Hammer attempted suicide the night before McVeigh's execution in 2001 by injecting insulin directly into his veins; later that year he also went on a hunger strike and refused food and insulin because of visitation problems.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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