The West Memphis Three Hoax
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The West Memphis Three Hoax  |  Case Discussion  |  The Legalities  |  Auburn.... « previous next »
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Farm
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« on: April 30, 2010, 10:38:42 PM »
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.
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Release the REAL West Memphis Three: Sodium thiopental, pancuronium bromide, and potassium chloride.
auburnesq
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« Reply #1 on: April 30, 2010, 10:43:19 PM »
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.
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« Reply #2 on: May 01, 2010, 01:18:53 AM »
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.
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Release the REAL West Memphis Three: Sodium thiopental, pancuronium bromide, and potassium chloride.
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