Since it's clear Alex...

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[112885]

112885 Posts in 8614 Topics by 4618 Members
Latest Member: garrymoore

[Fwarm]

After looking at the filings a bit more I think this appeal is already over. State hasn't even responded yet will be interesting to see what they respond to.

The feds aren't going to consider most of the shit being appealed and will do what they should be doing and all they should be doing and that is Constitutional Rights violations.

[sunshinekitty1]

I don't usually read the Legal threads and here's why.  First, I don't know enough about the subject to even attempt to post.  Second, they turn into personal attacks so quickly I stop reading because I feel I need to go find the previous threads that the attacks are coming from. 

Now, many of these attacks aren't straight out, many are subtle yet still condescending.  Then you have somebody that steps in with a variation of "hold on, guys."  Most of the time this post gets ignored because the emotions are still running high because of the insults.

I'm going to piggyback of LCN's post for a minute.  In all discussions, one needs to make a statement and then cite it.  This becomes especially clear in the Legalities section.  If you don't back up what you say, it goes nowhere.  Nobody wants to stop discussing legal issues.  I do think there is a better way to do it, though.     


This is the first thing Farm said to mean when I joined this board:

Thank you both Kitty and Miranda, and welcome.

There's only one rule here, No trashing the parents.

We are all here because of the three little ones.  The "little men" has Pirie would call them.  The way I now view this board is "In Memory."  And we should all be respectful and aware of that.  I think we are each trying to defend their memory in the best way we know how.   
Todd is the only parent that posts here, so right now I am just speaking about him.  There is absolutely no doubt in my mind that everything he believes is in the best interest for the memory of his son.   So now I have to ask, what would Michael have to say about the way his daddy is treated when he has nothing but the best interests in his heart.  That's what we lose sight of.

[GODDESS6]

very well said kitty~

[sunshinekitty1]

But I also think that if somebody personally attacks you, then you have every right to defend yourself.

[The_Wizard]

Folks always seem mad around here.  I sure hope everyone relaxes for the summer.

[Farm]

Good post Kitty.

And here's the funny part... when Alex finally get's kicked to the curb, you can bet he will insist it was because nobody here could challenge his "arguments".

[chitown_alex]

Good post Kitty.

And here's the funny part... when Alex finally get's kicked to the curb, you can bet he will insist it was because nobody here could challenge his "arguments".

Does that mean you're going to ban me again Farm?

[Farm]

Were you banned before?

Whatever for?

It seems like only yesterday you insisted that you have always been civil here?

[chitown_alex]

Were you banned before?

Whatever for?

It seems like only yesterday you insisted that you have always been civil here?

Yeah, but maybe it wasn't you.  Aside from you, I don't think I've intentionally disrespected anyone.  And you know I don't talk shit to you seriously.  It's part of the fun.  And I'm not sure why i was banned last time. 

[Farm]

Yeah, but maybe it wasn't you.

But we both know it was.

Aside from you, I don't think I've intentionally disrespected anyone.

Then when you insisted you had never dissed me, you were lying, or just ... "confused"?

And you know I don't talk shit to you seriously.  It's part of the fun.

Doesn't seem to be much "fun" for you when you get it back?

In fact, you seem to whine like a lil' bitch.

And I'm not sure why i was banned last time.

You didn't seem quite as confused when you apologized for your bullshit.

Now - is there any chance you will tell us how the DNA results in this case constitute a "miscarrige of justice" exception? 

[chitown_alex]

Now - is there any chance you will tell us how the DNA results in this case constitute a "miscarrige of justice" exception?

"The fundamental miscarriage of justice exception is a narrow exception that requires the habeas corpus petitioner to show that a constitutional violation has probably resulted in the conviction of one who is actually innocent. In order to make this showing, the petitioner must establish that it is more likely than not that no reasonable juror would have convicted him in light of new evidence."  United States ex rel. Willhite v. Walls, 264 F. Supp. 2d 663 (N.D. Ill. 2003)

Constitutional Violations
1.  Juror Misconduct (considering the Misskelley confession)
2.  Juror Bias
3.  Ineffective Counsel

This is the "gateway" stage, where procedurally-barred state claims can be heard in federal court if a miscarriage of justice would result, where it appears that the defendant is actually innocent.  Justice Kennedy in House said that where a Schlup gateway showing raises doubts about the defendant's guilt, the review of Constitutional claims is appropriate.  The gateway "burden" is for the petitioner to show that, in light of the new evidence, no reasonable juror would find him guilty beyond a reasonable doubt.  Here, the new DNA evidence, which suggest that the defendants were not at the scene of the crime, appears to be exculpatory.  If pieces of evidence found at the scene of the crime are not consistent with DNA of the defendants, a reasonable jury may find that it is doubtful the defendants were at the scene.  Once the judge finds that a reasonable jury would have a reasonable doubt (with all the other evidence not mentioned),the showing will have been satisfied.

[LaCosaNostra44]

Here, the new DNA evidence, which suggest that the defendants were not at the scene of the crime, appears to be exculpatory.

Alex,

DNA found at the crime scene does not exclude the convicted. Alleles consistent with Echols were found on Steve's ligatures. Alleles consistent with all three were found on Michael's penile swab.

[chitown_alex]

Here, the new DNA evidence, which suggest that the defendants were not at the scene of the crime, appears to be exculpatory.

Alex,

DNA found at the crime scene does not exclude the convicted. Alleles consistent with Echols were found on Steve's ligatures. Alleles consistent with all three were found on Michael's penile swab.

LaCosaNostra44,

Can you point me to where you found this info?  The defense has argued the opposite.  I'd like to find out if they're wrong.  Thanks.

[LaCosaNostra44]

Alex,

See my post in this thread. It is all backed up with the documents in support of the Writ

http://wm3hoax.downonthefarm.org/board/index.php?topic=2470.60

[chitown_alex]

Alex,

See my post in this thread. It is all backed up with the documents in support of the Writ

http://wm3hoax.downonthefarm.org/board/index.php?topic=2470.60

Thanks!