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Palm Beach Post, Wednesday, December 8, 1976 A7 California Death Penalty Overruled Steven D. Rockwell, who was convicted in Ventura County of the murder, kidnaping and rape of Linda Beth Coverly. After finding him guilty, the jury failed to reach a verdict at the special circumstances phase of the trial, and Rockwell asked the Supreme Court to prohibit a retrial, contending the special circumstances provision of the law was unconstitutional. Rockwell faces life in prison. In Sacramento, Gov. Edmund G. Brown Jr. declined immediate comment until he studies the decision. Sen. George Duekmejian (R-Long Beach), who wrote the current death penalty legislation in 1973 after an earlier statute also was ruled unconstitutional, said he would introduce new legislation conforming to the court's ruling. her testimony as a witness, and that the murder was committed during the commission of a kidnaping and rape. The court said death penalty laws "may neither make that penalty mandatory nor give the judge or jury charged with determining the penalty absolute discretion in the choice of life or death but must provide standards so that the sentencing authority will 'focus on the particularized circumstances of the crime and the defendant.' " The decision came in the case of A 7ORP OF THANKS We would like to heartily thank the Newspapers, the electronic media, the residents of Palm Beach County and surrounding areas, and all the thousands who attended our Recent Grecian Festival and made it such a tremendous success. See you at next year's Festival! St. Catherine's Greek Orthodox Church 4000 Washington Rd. West Palm Beach, Fla. 500 REWARD FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF ROBBERY AND MURDER OF: SYDNEY MARCUS ON FRIDAY NIGHT, NOVEMBER 26, 1976 CALL MR. HARWOOD 655-7080 ALL INFORMATION STRICTLY CONFIDENTIAL r BE A COURT REPORTER GOLD COAST SCHOOL OF MACHINE SHORTHAND 842-3168 IffOM 1:30 SAN FRANCISCO (UPI) - The California Supreme Court yesterday ruled the state's death penalty law is unconstitutional because it does not allow for consideration of mitigating circumstances. In a unanimous decision, the state . high court struck down California's capital punishment statute for the second time in five years. A spokesman for Atty. Gen. Evelle J. Younger said no decision had been made yet on whether to appeal to the U.S. Supreme Court. When the decision was broadcast, prisoners on San Quentin Prison's Death Row began cheering and yelling. "It's complete pandemonium," a prison spokesman said. The decision wipes away scheduled executions for 65 men and two women in the state, unless the state court ruling is overturned on appeal. The challenge was brought by the Ventura County Public Defender's Office and was argued before the state Supreme Court by Stanford University law professor J. Anthony Amsterdam, who also argued successfully against the death penalty before the U.S. Supreme Court in 1972 and last week argued the case of convicted Utah murderer Gary Gilmore before the federal high court. The court ruled that a requirement of the law that mitigating circumstances cannot be considered by a jury if the crime involves special enumerated circumstances violates the Eighth and Fourteenth Amendments to the U.S. Constitution. The "special circumstances" in the case before the court were that the victim was murdered to prevent Gilmore Rejects Plea Of Mother SALT LAKE CITY (UPI) - Gary Gilmore and the State of Utah told the U.S. Supreme Court yesterday that the convict's mother was an "interloper" who had no right to thwart his death wish. The state's answer to an appeal of Gilmore's death sentence - and the stay which prevented his execution Monday - was drafted by a team of attorneys who worked through the night and almost to a 5 p.m. deadline set by the court. The legal documents were transmitted to Washington on FBI and U.S. Senate telecopiers, then taken to the high court by aides to Sen. Jake Garn (R-Utah). Justices of the U.S. Supreme Court were expected to consider Gilmore's case at a conference today. They must decide whether to extend the stay of execution granted last week in order to review the constitutionality of Utah's death penalty statute. The Utah Attorney General's Office prepared nearly 70 pages of arguments detailing why the convicted killer's mother, Mrs. Bessie Gilmore of Milwaukie, Ore., had "no legal standing" to file an appeal against her son's wishes. Gilmore's attorney, Ronald Stan-ger, offered the same argument in a six-page response to the appeal, filed last week by civil rights lawyers representing Gilmore's mother. The high court stayed the execution last Friday, and the 36-year-old convict missed his second date with a five-man firing squad at sunrise Monday. Assistant Utah Atty. Gen. William Evans said the state was arguing that Mrs. Gilmore had "no legal interest that she is protecting." Evans said the state's brief also contended that Gilmore was sane and competent when he waived his right to appeal, that he had effective legal counsel and that he acted properly when he fired his court-appointed attorneys. Stanger said he was making the same arguments, but in less detail. Union Okays UPS Contract WASHINGTON (AP) - Local Teamsters union leaders unanimously recommended acceptance of a tentative contract with the United Parcel Service yesterday. The only hurdle left to ending the 83-day-old dispute was a vote Thursday by 17,000 rank-and-file workers at UPS. If the pact is approved, they could return to work the next day. - The endorsement by the representatives of 74 locals followed Monday's approval of the agreement by the union's full, 20-member bargaining committee. The strike has virtually shut down UPS operations in 15 eastern states from Maine to South Carolina and created huge backlogs in the U.S. Postal Service's package deliveries. Career Club f.cfy-;, y career ljud Vtpf -4 for dress... Vf" f ' i-" . f $;J Dapper styin and Career C,ub " (luallty makes Belgrave VU I Yf '" ' iffl Square K dress shirts the look he'll love! Taper tailored with I ' 1 - ? I flfJ semi-spread permanent stay collar in permanent press polyester C44'Ns ' I u fi" ' M cotton' Neat pattern on smokey toned grounds. 14V17. for sport.,, For sport ... or for dressier looks . . . Career Club " has the answer in fashionable polyester shirts. 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The circular now reads: Thumbelina doll . . . .3.99 Whitman chocolates 9.99 The correct price s: Thumbelina doll . . . .9.99 Whitman chocolates 3.99 J.m.FiELDS , ,mAiiiiSir' DELRAY 1630 S Federal Hwy WEST PALM BEACH 7915 Dixie LAKE PARK 1260 N Lake Blvd. COMMERCIAL 4191 W Commercial CYPRESS PLAZA 666 Cypress Rd SHOPPERS HAVEN 3435 N Federal ALLAPATTAH17J6NW 36 St PALM SPRINGS 449 W 49 St HIALEAH 175 Hialeah Drive WESTCHESTER 8540 S W. 24 St NORTHSIDEN W 79 ST 27 AVE SKYLAKE 1750 Miami Gardens Dr KENDALL 8811 S W 107 Ave HOMESTEAD PLAZA 140 N E 8 St KEY WEST 11 12 Key Plaza Center WEST HOLLYWOOD 690 ITatt St SOUTHLAND Hwy 84 East ot I 95 PLANTATION 3841 Broward Blvd.