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 988 times)
sunshinekitty1
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« on: September 10, 2008, 09:11:50 PM »

Just saw this reported on WMC. Damien's trial was denied.
Here is the link to the story on the website, but it just says all three, on air they said it was about Damien.

http://www.wmctv.com/global/story.asp?s=8988998
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JGA65
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« Reply #1 on: September 10, 2008, 09:32:48 PM »

So is this it?  What else can they do to try and drag this out?
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Farm
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« Reply #2 on: September 10, 2008, 09:55:50 PM »

Well, Echols just fucked his federal appeal.

They won''t even hear issues that have already been ruled on in state court - that's why Riordan tried to bypass the state court on the DNA claim, filing his federal HC claim first.
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« Reply #3 on: September 11, 2008, 12:01:40 PM »

He will soon be set free.
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LaCosaNostra44
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« Reply #4 on: September 11, 2008, 12:40:57 PM »

By Noon on on Tuesday.
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Icky Twerp
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« Reply #5 on: September 11, 2008, 12:42:36 PM »

Burnett is prejudiced.
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DogIsYourName
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« Reply #6 on: September 11, 2008, 12:49:56 PM »

They should probably appeal to the ASSC next, but I bet they'll instead go straight to Federal.
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Icky Twerp
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« Reply #7 on: September 11, 2008, 12:57:45 PM »

Doesn't this also mean it was a wasted trip for that Rugsy fellow?
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BlackAngel
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« Reply #8 on: September 11, 2008, 02:51:40 PM »

I am sure Rugsey will have better things to do out there anyway. I am sure Byers has a plunger hanging around somewhere.
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« Reply #9 on: September 11, 2008, 02:52:57 PM »

lol jan!!! :laugh:~
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taylorjaysmommy
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« Reply #10 on: September 11, 2008, 04:03:22 PM »

Someone needs to be baking him a cake with  a file in it quick.  I honesltly don't think that he will be here much longer.  Two years tops.

TJM
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Rudder
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« Reply #11 on: September 11, 2008, 04:25:44 PM »

Someone needs to be baking him a cake with  a file in it quick. 

Why? Mark Gardner is dead.
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Kanga
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« Reply #12 on: September 11, 2008, 05:22:59 PM »

"I was sent here to die, I just want to be left alone until that time comes".....

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Farm
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« Reply #13 on: September 11, 2008, 06:54:08 PM »

They should probably appeal to the ASSC next

What part of "exausted state appeals" do you not understand exactly?

but I bet they'll instead go straight to Federal.

Where they can only raise claims not addressed in state court.

Interesting order wasn't it?

The Court agrees with the State that it cannot entertain the Petitioner's juror bias and misconduct claims under the DNA-testing statute

Now where have I heard that before?

the Court's consideration of them in any proceeding is foreclosed by law of the case.

Imagine that?

Is there an echo in here or something?
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DogIsYourName
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« Reply #14 on: September 11, 2008, 11:29:43 PM »

The juror bias thing was in there to meet the Federal review standard.   That was where they originally filed to begin with.

They can definitely appeal Burnett's ruling to the ASSC.  That's the point of having a Court that oversees the appeals courts. 

If they go straight to Federal, there might be an argument that their state claims are still not exhausted because they did not appeal to the ASSC yet.
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