How Come??

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[112886]

112886 Posts in 8614 Topics by 4616 Members
Latest Member: garrymoore

[Storm]

Ok so I was reading about the DC sniper guy. He is set to die today. I think that its today. anyways.  How come he gets put to death so quick?  Damien has been on Death Row for 15 years now, But this dc sniper guy has been there for what..maybe 8 years or so. Same with other death row inmates that have been waiting for over 15 years to die.. His sentence did go through the appeals phase. Its just weird to me that he gets put to death fairly easy and fast. Tim Mcvay too, buti know with him, he stopped all his appeals, and wanted to be executed. Is it because ita a federal lever kind of thing?

[kerriew]

Storm look under the news section. I posted about this yesterday. His case was federal only and he exhausted all appeals.

[Storm]

Thanks Kerrie, I didnt see that post yesterday.  I also thought, wow that is really fast. But it makes sense that because it was already in Federal.

[Rudder]

I guess now the question is, will Echols' federal appeals take 7 or 8 years like the DC sniper's did? I sure as hell hope not. I'm hoping that most of Echols' lengthy arguments have already been brought up and resolved in his state appeals so by the time it gets to the feds, it's just a matter of review and deny.

[Storm]

thats what im hoping too. But he has had some federal appeals already, so maybe it wont take so long.

[Farm]

Since Echols HC writ has already been held in abeyance for 7 years pending the State DNA claim, I doubt the US District court will waste much time once the ASSC upholds Burnett's ruling.

[DogIsYourName]

I agree with you on that, Farm.

[drexl]

I remember at the end of PL2,it stating that Echols could be put to death within the year and I believe PL2 came out in 2000 or maybe 2001.

Is it because of his appeals? Or was that another lie by Joe and Bruce to drum up more support?

[DogIsYourName]

Damien's appeals have kept him alive.  Every prisoner on death row gets their execution stayed multiple times while they exhaust different appeals.

I would think that Damien's journey through the Federal appeals process will go much faster than the DC sniper's.  Unlike the sniper case, Damien's case has been thoroughly argued and reviewed at the state level.  So the arguments and issues are all fully out there already.  Federal courts can just agree with the State's analysis, and that'll be a wrap.

[Farm]

Damien's case has been thoroughly argued and reviewed at the state level.  So the arguments and issues are all fully out there already.

Exactly, and Federal courts cannot rejudicate State claims - they can only rule on "new" evidence of actual innocence, or errors at state level.

That's another thing supporters can't get their head around.

Dave for example seems to think the federal court can just come in and throw out state convictions.

Look up Lisa Michelle Lambert sometime.

She got through to federal judge Stewart Dalzell who not only threw out the State's conviction, he ruled that the State couldn't re-try her. (He also found her an attorney if you can believe that shit!)

Needless to say the US Supreme court slammed his ass, and back to jail she went.

There are few things more clearly defined in Federal law than the bounds of their jurisdiction in State cases.
 

[Mary7875]

Look up Lisa Michelle Lambert sometime.

She got through to federal judge Stewart Dalzell who not only threw out the State's conviction, he ruled that the State couldn't re-try her. (He also found her an attorney if you can believe that shit!)

Needless to say the US Supreme court slammed his ass, and back to jail she went.


 

I'll never forget that, Farm.

He actually declared Lambert innocent & let her out.  She was free for 10 months!

Simply unbelievable.

[Farm]

That's what Riordan was hoping for when he tried to bypass Circuit court with the DNA claim, and that's why the Federal court made it more than clear that his attempt wasn't going to fly.

And don't think for a second that wasn't his plan - his forte' is Federal Habeas Corpus - he knew full well what he was supposed to do.

Therein lies my problem with scumbag Defense attornies.

Yes, everyone is entitled to the best Defense possible, and Defense attornies are obligated to provide this, But I don't see how that should include skirting around the law, and I think they should be held accountable for such efforts.

[DogIsYourName]

There is a defense attorney here in Atlanta that had so many outstanding parking tickets that someone lodged an ethics complaint and he was on the verge of having his license to practice suspended.  Now, I heard this second hand but it's pretty good:

The attorney went before the judge and argued that his latest ticket for parking in a tow away zone was inappropriate because the sign did not have punctuation on it.  The sign read "TOW AWAY ZONE NO PARKING ANYTIME"

He argued that with punctuation the sign could have read "Tow away zone?  No.  Parking anytime."

And the judge bought it (with a chuckle I'm sure).  True story.

[flexj]

Yes, everyone is entitled to the best Defense possible, and Defense attornies are obligated to provide this, But I don't see how that should include skirting around the law, and I think they should be held accountable for such efforts.


 Farm that would really clean up our judicial system...IT GETS MY VOTE!!!!!!!!!!!