RESPONSE TO APPELLANT ECHOLS'S MOTION TO CORRECT SUPPLEMENTED RECORD ON APPEAL

You are right that there is a very real possibility that the ASSC will reject this claim as untimely

They already did four years ago.

If the evidence is compelling enough, and if it appears there was no way to get this evidence earlier, then they will at least consider it.

No, they won't.

Despite the insane media labels that this is a motion for new trial, it isn't.

It's a Writ of Certiorari.

They are asking the ASSC to review Burnett's ruling on the Scientific evidence - that's the only issue here.

The ASSC cannot just arbitrarily overrule circuit court rulings, there are procedures.

The ONLY POSSIBLE outcome favorable to suppporters is if the ASSC ordered Burnett to re-hear the Act 1780 claim, and that's NOT gonna happen - there are absolutely no grounds.

Were this not the case, then they probably would not have requested Burnett to add it to the record.

They didn't "request" anything.

The Defense moved that it be added to the record in uncertified form, the State suggested it be remanded to circuit court so the record could be settled with certified documents, and the ASSC obliged.

It's not a "victory" for the Defense, it's a failure - Riordan wanted to enter "accounts" of Warford's claim - he hasn't even SEEN the fucking thing.

As the State argued (their second argument), the ASSC could deny the claim without supplementing the record since the content of the document should not make any difference -- i.e., the ASSC could deny the claim based on timeliness, no matter what.

But the Defense isn't filing it as a claim - they HAVE NO remaining claims - they are filing it as a supplement to the record of the circuit court's DNA proceeding.

The ASSC has no right to refuse any CERTIFIED documents that were a part of that record when it's exactly those proceedings they are being asked to review.

It has nothing to do whatsoever with what the ASSC will "consider", there is only one issue left for them to address - whether or not Burnett erred in the DNA ruling.

At the end of the day, the Arkansas judiciary would like to make sure it does not execute anyone unless that person was given due process.

Yes, and under due process, Echols has exhausted all his state claims except ASSC cert on Burnett's DNA ruling - the misconduct claim was exauisted four years ago.

They want a clear record to make sure that occurs. Nobody wants to carry out an execution and have the public scream that it was done based on a technicality.

Exactly.

And again, with a different witness, Riordan tried to re-raise an exhausted misconduct claim in circuit court under the DNA statute. (even after being told no by the ASSC)

if anyone feels the ASSC is going to rule that Burnett erred in refusing to consider a misconduct claim the ASSC themselves have already ruled was out of his jurisdiction, untimely, and improper,... well those people are insane.

I call them supporters.