The West Memphis Three Hoax
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The West Memphis Three Hoax  |  Case Discussion  |  The Legalities  |  DENIED!!! - Damien « previous next »
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Author Topic: DENIED!!! - Damien  (Read 991 times)
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« Reply #15 on: September 12, 2008, 12:09:20 AM »

They can definitely appeal Burnett's ruling to the ASSC.  That's the point of having a Court that oversees the appeals courts.
 
Dog, you have absolutely no idea what you are talking about.

Here, read the ASSC's ruling when they denied Echols petition in 2005.

We deny appellant Damien Echols's petition for rehearing. A petition for rehearing is to be used to call attention to specific errors of law or fact which the opinion is thought to contain; the brief on rehearing is not intended to afford an opportunity for a mere repetition of the argument already considered by the court.

So no, the point of having a court to oversee the appeals is NOT so they can re-judicate claims that were already considered and dismissed - It's to address specific errors of law or fact contained in the circut courts opinion.

I will never understand why you folks seem to think that an appeal to a higher court is another opportunity for the Defense to argue their case?

Echol's can't simply ask for a second opinion on the DNA claim - he has to show that Burnett made a specific error when he ruled on it.

And now that the claim has been ruled on in State court, he has the same limitation in federal court.

The fact is, it was ridiculous for anyone to have ever believed that Echols had a valid 1780 claim to begin with.

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