Wise Latina: Man Exonerated After 16 Years In Prison

Strict constructionist? This sounds like exactly what you want.

 

But she was nominated by Obama. Therefore, basso has to be against her.

 

He's having trouble coming to grips with his jurisprudential philosophy, much like this child:

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F-k that noise. You started the thread, spanky. Why don't you tell us exactly why you think this is significant?

You're the guy who wants to discuss this, why don't you offer an opinion, please. I'd be more than willing to discuss habeas procedure and appellate standards of review with you over the miracle of the internet...and how, in particular, it affects your judgment.

Otherwise you get what you deserve, which is assorted FAIL pics, people calling you an *******, etc...that's what you wanted when you started the thread right? So that you could feel superior to people for responding to your silliness with lashing out etc?

 

okay, I don't know much about the law, what would have happened if she allowed the petition. the article doesn't explain clearly if there would have been a dna test then. what was his appeal?

 

This reveals quite a bit about Sotomayor... and lends credence to the rumors of her arrogance and lack of intelligence...

 

it's a habeas petition, which is a "special" constitutional thing that allows you to basically circumvent the regular trial (it's a separate proceeding) by saying that you are being unconstitutionally held in prison- his regular appeal in state court was concurrent at the same time.

Courts get thousands of them but very rarely are they ever granted (most of them are hand-written, pro se jobs by the prisoners themselves). I once knew a former federal judicial clerk who left one under a box for six months and then forgot about it, leaving it for the next incoming clerk to deal with on the day that he accidentally moved the box. Really.

I haven't researched this, but the lower court probably denied the writ as not being timely filed (which according to the letter of the statute it was, though the lower court could probably have let it pass). They appealed, then 2d cir panel, including Soto reviewed the denial as to whether or not it was ok. I assume that (but don't know for certain), since it was a procedural dismissal and deal with court deadines, they probably used the much tougher an "abuse of discretion" standard, as to whether or not it was basically abusive and essentially a miscarriage of justice for the lower court to enforce the statutory cutoff.

Edit:, it looks like the he DNA test exonerating him was not peformed till 2006 - so that had no bearing on the 1997 habeas petition.

 

thanks, that's what it looks like, the appeal has nothing to do with the DNA test, nothing to see here.

 

Just out of curiosity, what makes investigators go over evidence, like DNA, again. Is it just the fact that it becomes available? Would the habeas petition the accused had filed warrant the DNA check right away instead of waiting until 2006?

 

what's interesting is that this would've been the same response had our next supreme court justice not dismissed the appeal.

 

i think its the Defense lawyer job to ask for the DNA testing, but in a a lot of states its very difficult.

To be fair, there are other judges on the court, and beside what happen if she granted the appeal? would there be any article about that? I hate the media so negative, what about anything good she did?

 

I think the DNA tests in this instance were performed with the assistance of Barry Scheck's "the innocence project" thing - the detectives/DA's once they have a conviction generally don't re-check/re-run the tests.

 

So what are your thoughts on it?

Commentary in these kinds of threads would be nice.

I'm not too well versed in legal/judicial procedure.

 

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I find this very disturbing, he was 4 days late and lost his shot of being free. Who are the alternatives for her position.

 

read the the thread, that's not necessarily the case

 

Let me get this straight:

1. GOP's main criticism of her is supposedly that she rules based on emotion or feelings,

2. yet she is decried here for ruling based on procedure rather than out of emotion/pity.



Here's an idea: how about we decide on a single set of criteria up-front, and THEN form an opinion... rather than forming an opinion first, and then changing around the criteria to fit the opinion.

Oh, forgive me, I forgot... this "logic" thing escapes wingnuts on both sides.

 

That may be one of the reasons why basso won't comment on how he feels about the ruling.