ExecutedToday.com

On this date in 1996, William Flamer was executed for murder in Delaware.

He’s a forgettable criminal who, with an accomplice executed 19 months before, robbed and stabbed to death Flamer’s elderly aunt and uncle.

He has his small footnote in modern American death penalty jurisprudence in a case decided by then-circuit court judge Samuel Alito, which was — er — exhumed when President George W. Bush elevated Alito to the Supreme Court.

The matter was, to all but the initiated, a fairly picayune legal issue: if the jury that imposed his sentence used an aggravating factor subsequently found to be unconstitutional, could the sentence stand with the multiple other, constitutional aggravating factors it also used?

Little compelling as the issue might sound to all but the already converted, this sort of salami-slicing goes on justices’ daily bread to make up the great hero sandwich of jurisprudence. Mmm-mmm.

Anyway, the State of the Union head-shaker held — as Flamer’s presence in this blog would suggest — against the appellant.

Pdf examinations of Flamer v. Delaware (and other Alito death penalty legal opinions) prepared around the justice’s confirmation hearing are available from the Congressional Research Service and from the Criminal Justice Legal Foundation, the latter a pro-death penalty source.

(This decision also affected fellow Delaware death row inmate Billy Bailey, whom we have just met as the last man hanged in that state. Flamer could have had that distinction for himself; he chose lethal injection instead, and died four days after Bailey hanged.)

Also On This Date

• 1661: Oliver Cromwell, posthumously
• 1649: Charles I