Auburn....

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[112883]

112883 Posts in 8614 Topics by 4618 Members
Latest Member: garrymoore

[Farm]

Everything I have read states that if a federal HC writ is held in abeyence for exaustion of state claims - once those claims are exausted, the writ has to be ammended to remove them.

Have you seen anything to the contrary?

Because as you know, Riordan was only using DNA as a "Schlup/House gateway" to try and get the fed to reconsider a boat load of other evidence that has already been presented, so without DNA, he HAS no actual innocence claim at all.

[auburnesq]

I have seen nothing to the contrary. But I don't often do appeals so I will do some reading to verify.

Unlike some other legal types I don't think I know everything.

[Farm]

Well, from where I'm standing, if the DNA is out, the entire actual innocence claim is out, as Riordan was counting on the DNA meeting the S/H "gateway" to allow practically everything else in the Writ.

Without an actual innocence claim, he's only left with a constitutional claim on misconduct - and that's another state exausted claim.

[flexj]

Here is a question I have that I think I know the answer but you guys take on it

Let's say Hypothetically, New Evidence that was not obtained by the WMPD until after sentencing does not have to be disclosed to the defense unless a new trial is ordered?

[addict]

Let's say Hypothetically, New Evidence that was not obtained by the WMPD until after sentencing does not have to be disclosed to the defense unless a new trial is ordered?

That seems obvious to me. But what new evidence are you thinking of? (I hope this is not super-secret non info like, uh, some of the bullshit 'insider' info we've heard from JMB. lol.)

[Icky Twerp]

You've really got to give the password to get into our Honeycomb Hideout. Unlike a certain board I don't think anyone here claims to be on the inside track to some secret hoodoo woodoo voodoo going on. If you take out all the supporter 'interpretation' the case has gone along exactly the same as any other case of a similar nature just with a bit more press and a lot more amateur detectives making up wild theories and people getting caught up like some sort of religious hysteria in these completely made up theories that have been circulating forever.






fnord

[addict]

* addict anxiously awaits the honeycomb hideout secret hoodoo woodoo voodoo password

It's all fucking bullshit, is what I have to say. I've watched the blackboard 'insider' information go belly-up along with everything posted on these boards by people who pretend they are in the know. I think the people in the know are not posting on the boards.

The rest is just more bulllshit/drama/ridiculousness. Welcome to the boards! lol. Beware of the bullshit!

[Icky Twerp]

Exactly, for some folks the WM3 boards are apparently their only social outlet and that makes it a big deal to 'one up' the rest of the folks and pretend to know big secrets as it means you can claw to a higher tier and maybe get some PM's from people begging and you can go 'sorry, can't tell you wait and see' so it fulfills the pride of being a social climber without the muss and fuss of real interaction.

You see it on movie forums where people will be like, 'OMG, I just talked to Francis Ford Coppolla about an Apocalypse Now sequel but i can't tell you wait and see!!!!' and then chuckle at the influx of PM's and posts. It's just more twisted in context to this case as this kind of social climbing is pretty fecking ghoulish.

[addict]

I agree the social climbing attempt/bullshit is more twisted when it comes to this situation. People who are trying to extend their social situation by pretending on these boards should be fucking kicked in the head. Hell, most people on the internet probably deserve to be kicked in the head, but we should kick those motherfuckers a couple extra times.

[Icky Twerp]

Well, not to put the supporters in one bushel but some of the more odder elements of the peanut gallery have probably been kicked in the head too many times as is. Only explanation I can come up with for their anti-social real life behavior and their inability to grasp simple concepts in regards to legalities concerning this case versus their rainbows Echols riding on a unicorn dreams with apostles Jessie and Jason by his side as he travels house to house thanking each supporter invidually.

Reality...

 Lorri, one way airplane ticket, never seen on web again. Conspiracy theories arise that she is not in fact living large on supporter cash but rather SILENCED OMG!!!! by the prosecution, local courts, ASSC, WMPD, people that are in on the conspiracy and was exiled from the country. Regardless she is never heard from on the intarwebs again and probably has more money than me tucked away in her nest egg.

[flexj]

Um Keyword is ?
Hypothetical