. . . Damien will be dead in a year and
I don't why I'd even waste time responding, but just FYI (and to point out your complete ignorance), the minimum time we're looking at is, oh slightly more than a year. Even assuming arguendo that justice never prevails:
9/30/2010 Oral argument in Little Rock. Average decision time for an ASC decision is 6-8 months. WM3 issues has taken longer. Spring 2011 realistic.
If they reverse on the DNA (or any other issue), it goes back to the trial court (always the chance they'd reverse and order release of WM3, but unlikely). State would get the chance to try it again. If the State retries, another year at least before the trial happens. If acquitted they're released in 2013.
If another conviction, back to the ASC on a new appeal -- 2 years? 2013 or thereabouts and see above.
If the ASC affirms, then the federal habeas goes forward. Based on other cases in the federal district court I've seen (Timothy Howard, for example), it's a year before a decision is rendered as to whether a hearing will be held - Spring 2012.
If they have a hearing, it'll be conducted within a year thereafter - or Spring 2013. If the feds rule for Damien, they'll issue a "retry or release within 90 days" and we go back to state court. Again, court in theory could order his release without a retrial, but very uncommon - most probable result is to return it to the state. If state decides to retry, well, see above - we're talking 2014.
If the federal court denies the habeas petition without a hearing (Spring 2012), then an appeal to the 8th Circuit Court of appeals is next. Average time for a federal appeal is 2-3 years, so we're into 2014 at best.
If the 8th circuit affirms, then a petition for certification to US SCT is filed - 8 months or so for a decision on that.
All these dates are conservative - they assume things will move with "average" speed. So far, the WM3 case has moved like molasses - any or all of the above dates could be half the actual time it will take. The longest time I've ever seen for someone to sit on death row is 32 years (a guy in Texas who was executed in June) .... and he didn't have half the legal issues Damien has.
The only thing that could even potentially happen "in a year" is release - either from the ASC vacating the convictions in a way that bars retrial or from a state decision not to continue this abortion of justice.
And, of course, should Jason prevail on any of his challenges along the way, that would necessitate vacating Damien's conviction as well.
In other words "in a year" shows the same fine level of legal analysis that the rest of your dim-witted ideas demonstrate. You're not a lawyer .... I don't come down to where you work and slap the dick out of your mouth, so why don't you stop pretending you have a clue as to this case or the legal process?
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