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Court lacks authority to delay Youngblut panel

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by Joseph Gresser

BURLINGTON—U.S. District Court Judge Christina Reiss said Friday that she lacks the authority to grant Theresa Youngblut’s motion to delay her appearance before the U.S. Attorney General’s Capital Case Review panel.

She said in her ruling on the motion asking that the proceeding be moved back from the July 28 date set by the government, that the doctrine of separation of powers between the branches of government bars her from even requiring the panel to abide by its own rules. Which she said “provide in relevant part that the government ‘shall give counsel for the defendant a reasonable opportunity to present any information for the consideration of the United States Attorney … which may bear on the decision whether to seek the death penalty.’”

Judge Reiss added, “The court is nonetheless concerned that if the government does not follow its …

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