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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Sept. 3, 2003)
# IN THE AFTERNOON! Treading through another boring workout? Radio News Kickstart your workout with { from the newsroom of TWO FREE WEEKS ^ THE BATTALION of Aerobic Kickboxing or Toe Kwon Do campus and community news 1:57 p.m. ACADEMY OF MOUEHN Monday through Friday MARTIAL ARTS on KAMU-FM 90.9 2501 S. Texas Ave. Suite A-104, College Station College Station / Bryan G95-715U TAE KWON DO AElllllili: KICKKOXINO MODERN AONIS LSAT GMAT GRE MCAT DAT OAT* higher test scores guaranteed or your money back*’ Attend all required classes or make-up sessions, complete all scheduled tests, and do your homework. If your score doesn’t improve on test day from your Kaplan diagnostic or a prior official test score, you can choose to repeat our program for free or get a full refund of your tuition.** It’s that simple. Classes are starting soon. Enroll today! Welcome Back Aggies! 'Test names are registered trademarks of their respective owners. "To be eligible for this offer, you must be enrolled in Kaplan’s full classroom, tutoring, or online courses. In addition, you must present a copy of your official score report and your course materials within 90 days. World Leader in Test Prep and Admissions KAPLAN 1 -800-KAP-TEST kaptest.com THE Librar Meet • Drink • Lounge Home of “The Library” glowing martini TUESDAY 2 Martinis all night WEDNESDAY $ 2 Absolut Vodkas all night (vanilla, mandrin, citron, kurant) THURSDAY $ 2 anything till 11pm $ 2 Mojitos all night FRIDAY $ 2 Wells till 11pm SATURDAY 3 Long Island Iced Teas till 11pm COME SEE OUR NEW LOOK Newly remodeled Upstairs Bar and downstairs elevated VIP section now open for reservations www.maroond.com Doors open: 9p.m. Tuesday-Saturday 329 University Dr. at Northgate Available for Private Parties 979-739-1967 BA Wednesday, September 3, 2003 NB THE BAT TALI! Appeals court throws out more tha 100 death sentences in three states By David Kravets THE ASSOCIATED PRESS SAN FRANCISCO — A federal appeals court threw out more than 100 death sentences in Arizona, Montana and Idaho on Tuesday because the inmates were sent to death row by judges instead of juries. The case stems from a 2002 decision by the U.S. Supreme Court, in which the high court found that juries, not judges, must render death sentences. But the Supreme Court left unclear whether the new rules should apply retroactively to inmates awaiting execution. In an 8-3 vote, the San Francisco-based 9th U.S. Circuit Court of Appeals said all condemned inmates sentenced by a judge should have their sentences commuted to life in prison. The ruling applies only to Arizona, Idaho and Montana, the only states in the 9th Circuit that have allowed judges to impose death sentences. Two other states, Nebraska and Colorado, have also allowed judges to sentence inmates to death. But the federal appeals courts that oversee them have yet to rule on the issue. The ruling affects approximately 3 percent of the 3,700 people on death row in the United States. “By deciding that judges are not constitu tionally permitted to decide whether defendants are eligible for the death penalty, the Supreme Court altered the fundamental bedrock princi ples applicable to capital murder trials,** Circuit Judge Sidney R. Thomas wrote for the court. Defense attorneys hailed the verdict. “This is fundamental justice,” said Ken Murray, a federal public defender in Phoenix. Murray estimated that the decision affects at least 1(X) inmates on Arizona’s death row alone. If the decision stands, Arizona and the other states might hold new penalty trials, convening juries to SB decide between life and death, said John Prt Todd, a lawyer with the Arizona Attorney Geiv office. He said the state was trying to deter exactly how many condemned inmates are afft by the ruling. "We are disappointed. We are going to appeal Kent Cattani, chief counsel for the Arizona ASen General’s office. The ruling is expected to reduce the dealt' tences of at least 16 condemned inmates mb Montana Assistant Attorney General Pamela C said state attorneys were reviewing the dans determine whether its five condemned inmates he affected. “This may cause some chaos in the shon don’t think this is going to hold up,” Collins sa: The case the appeals court used to dank issue concerned Arizona inmate \b- Summerlin, who was found guilty of murders: 1981 slaying of Brcnna Bailey, 36. The Tempe finance company administra body was found in the trunk of her car a. after she visited Summerlin to check oni&r he owed. Summerlin was convicted in 19£i a judge sentenced him to death. Prior to the U.S. Supreme Court’s ruling las: a jury determined guilt or innocence, hut one or judges evaluated whether the particulars of thf. made it worthy of the death penalty in At Idaho. Montana. Colorado and Nebraska. The Death Penalty Information Center. - compiles statistics on capital punishment;: lated that since 1976, those five states cuted 29 people under laws allowing nonjur fencing. In July, meanwhile, the I Ith U.S. Circuit Cc Appeals ruled in a Florida case that the Sir: Court decision should not be applied retroactr*: some death penalty cases. In Florida. Ali" Indiana and Delaware, juries recommend a fe death sentence hut judges arc allowed to gir death penalty against the jury’s wishes. Lon£ worl By TH Heavy flooding in China kills 3| BEIJING (AP) — Heavy fiood- ing in northern China has killed 38 people with another 34 people miss ing, the official Xinhua News Agency reported Tuesday. Rains pounding Shaanxi province over the past weeks caused rivers to overflow and sparked mudslides, Xinhua said. More than 30,000 soldiers and militia helped residents shore up river embankments against fur ther flooding, it said. Xinhua didn’t say when the deaths occurred, but earlier reports said at least 21 people have died since rain began falling Aug. 24. Rescuers were at work in the remote Shaanxi village of Yongquan, where the mud-rock flow damaged 14 houses. Xinhua said, without providing other details. Meanwhile, troops were in the Shaanxi city of Weinan, where embankments along the Weihe river burst and forced the evacuation of over 150,000 residents from four counties, said an official at Weinan's flood control office who gave only his family name. Wang. He said floodwaters were beginning to recede. Flooding hit record highs on Monday, Xinhua said. Xinhua said direct eco nomic losses have been esti mated at $240 million. 50,000 houses have been destroyed and roads, tele phone lines and electricity Death toll rises i China flooding Hoavy flooding in China's Shaanxi province toiled 38 people with another 34 moan; the official Xinhua News AgeP reported Tuesday. The same Aggie footba did during th* to play quailt Fans kno about the qu; lowing the Arkansas Sta Neither sc nor junior Di flow offensiv McNeal i 7-of-13 pass yards with ception, wh completed 5- es for 44 yar interception c But, Tex coach Franchione ai still maintain quarterbacks and they are go the enti switching ol backs if neit terback can : he is better tli “Nothing Franchione s good things, they have to c will play belt some adjustn important to adjustments c Les Koem dinator and c the team is in detennining ; “We tell o to earn respc and water supplies havete cut, Xinhua said. NEWS IN BRIEF One killed, one injured in hotel robbery incident in Michigan TROY, Mich. (AP) — Several suspects in a hotel rob bery that left an employee dead and a guest wounded were arrested Tuesday in Detroit, police said. The victims were found about 1:30 a.m. at the Troy Floliday Inn in this suburb 20 miles north of downtown Detroit. Killed was employee Michelle Eberhard, 35, of Wayne County’s Bedford Township, Troy police Lt. Steve Zavislak said. A 28-year-old female guest from Cedar Park, Texas, was being treated at a local hos pital, Zavislak said. He did not provide her name or condition. Troy detectives, assisted by Detroit police, arrest ed “multiple suspects” in Detroit shortly before noon, Zavislak said. He did not say how many sus pects were in custody and did not provide their names, ages or hometowns but said, “We’re confi dent we have the shooter in custody.” The robbers disabled the hotel’s surveillance system before taking money and property from the hotel, Zavislak said. He declined to say how much money or what property was taken. The women were not found together, Zavislak said earlier Tuesday. He declined to say# in the hotel the women were discovered. The hotel was closed Tuesday morning ^ police investigated. Blackout driver sentenced to 3 to 6 years in prison for killing PITTSBURGH (AP) — A man who kept dr* despite a history of blackouts was sentenced toP to six years in prison Tuesday for a crash that ki pregnant woman and her mother. Jack Monroe Smith, 51, also received 10ye« probation for the 2000 crash and for another £ dent last year in which four women were in^ He will not be able to drive while on probation Prosecutors contend Smith misled hisdotf and state officials about his seizure disorde' he could keep driving despite a history ofbK out-related crashes. Smith was convicted of involuntary manslaug r in the deaths of Patricia Schick, 54, and' daughter, Sherri Zeis, 27. Police said Smith» driving 77 mph when he rear-ended the wd station wagon, apparently after blacking out. The sentence was the maximum. w ♦ $1 pn ♦ Al ♦ Of ♦ WELLS FAPSO, BPYAN/COLLE&E STATION LOBBIES WILL BE OPEN MONPAY-FPIPAY BAM-&PM THPU SEPTEMBEP IP™. HA VE A SPEA T SEMES TEP ASS/ 301 UNIVEPSITY OP. 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