|
Admin.
|
The state attorney general doesn't want the Supreme Court to consider a lawyer's affidavit that suggests improper communication by a juror who convicted and sentenced Damien Echols to die in the deaths of three West Memphis children. Of course not. Injustice done. Case over. Let's move along.
State's filing: <![CDATA[<a href="http://www.arktimes.com/blogs/arkansasblog/damienaffidavit.pdf" target="_blank"><a href="http://www.arktimes.com/blogs/arkansasblog/damienaffidavit.pdf" target="_blank">http://www.arktimes.com/blogs/arkansasblog/damienaffidavit.pdf</a></a>]]>Link |
|
|
|
|
Logged
|
|
|
|
enuffizenuff
New Member
Posts: 2202
|
Wow. hmm I didn't realize the state had an opportunity to oppose unless the Supreme Court indeed requested a complete review. If this is the case, then perhaps the article about their willing to allow the affidavit wasn't false afterall and perhaps that is why people were getting responses that the Supreme Court had this under seal. ? Confusing. But I'm not surprised by the state's attempt.  |
|
|
|
|
Logged
|
|
|
|
|
|
|
whitegoddess
|
Politics raises it's ugly head yet again i see. |
|
|
|
|
Logged
|
Damien says “I’m hesitant to put the finger on anyone because of what I’ve been through,” ...“I feel the two men whose DNA was found at the
scene are the most likely suspects.”
|
|
|
|
jubillee
|
The state are obviously feeling threatened by it.
|
|
|
|
|
Logged
|
|
|
|
chickie
New Member
Posts: 590
|
The state are obviously feeling threatened by it.
ding ding ding!! we have a winner! even if they aren't threatened by it and are instead just playing the political filing game, this sure makes them look like there is something to hide. |
|
|
|
|
Logged
|
|
|
|
|
Holly
|
Burnett HAD his chance to look at and rule on this info, but he declined to.
|
|
|
|
|
Logged
|
|
|
|
|
badfish_76
|
Is there an opportunity in Arkansas for the defense to submit an amended petition within a certain time frame?
Since this issue is a Constitutional one, surely they would rather err on the side of caution than to violate the right to a fair trial.
That kinda of disregard could bite someone in the ass someday.
|
|
|
|
|
Logged
|
Official Queen Bee and Internet Celebrity
"DNA, Deoxyribonucleic acid, is God's signature. God's signature is never a forgery, and his checks don't bounce." -Eddie Joe Lloyd, Ex
|
|
|
|
Paid
|
Is there an opportunity in Arkansas for the defense to submit an amended petition within a certain time frame? I would certainly think so, Baddie. Is it just me...or, Is it too much to expect for top-notch attorneys to make sure the documents they submit to a State Supreme Court, with a man's life a stake, are certified? I'm not a lawyer, but this reminds me of when a girl ran into my car in a parking lot when I was twenty. She never paid for the damage so I had to take her to court. My father bought the car for me when I was seventeen, he had since been transferred to Texas, and the title was in his name. Anyway...when I went before the judge...the opposing lawyer asked if the car was titled to me. Since it wasn't....case closed. My lawyer never even asked if the car was legally mine. |
|
|
|
|
Logged
|
Q: So is it your testimony Mr. Jacoby was with you all night until he went to work; is that your testimony?
Terry Hobbs: Well, he was with Pam -- there was a time he was with Pam, and there was a -- or we might have all been together, yeah, I wouldn’t doubt it.
********************************************************
Terry Hobbs: They were going to go look and see if they was in that manhole
|
|
|
|
Paid
|
Earlier article from the Arkansas Times: "....the Arkansas Supreme Court last week agreed to consider an affidavit filed under seal last year by a Little Rock attorney." I guess this filing proves that The ASS Court hasn't agreed to consider the affidavit. They've just agreed to consider considering it. Where's Miranda when we need her?  |
|
|
|
|
Logged
|
Q: So is it your testimony Mr. Jacoby was with you all night until he went to work; is that your testimony?
Terry Hobbs: Well, he was with Pam -- there was a time he was with Pam, and there was a -- or we might have all been together, yeah, I wouldn’t doubt it.
********************************************************
Terry Hobbs: They were going to go look and see if they was in that manhole
|
|
|
|
badfish_76
|
I read an article about this either here or thru an alert, but that article made it sound like it was literally a matter of the clerk not stamping or reviewing it to make it an official document. Like paper work error type thing.
I am on break from mowing so I will be back and see if I can find the link.
|
|
|
|
|
Logged
|
Official Queen Bee and Internet Celebrity
"DNA, Deoxyribonucleic acid, is God's signature. God's signature is never a forgery, and his checks don't bounce." -Eddie Joe Lloyd, Ex
|
|
|
enuffizenuff
New Member
Posts: 2202
|
Thanks for explaining alittle more guys. The last time the issue came up I spent awhile trying to read about this type of writ and I got the impression that the ASSC has two choices. Grant a review or deny a review. I didn't realize all this back and forth happens before they make a decision either way. Makes no sense to me to go to all this trouble and THEN grant a review. |
|
|
|
|
Logged
|
|
|
|
|
Emmaline
Guest
|
Okay, so just so I don't get myself confused can someone clarify for me:
1. The supreme court hasn't made a decision yet, this is just the state court requesting that they rule against Damien's appeal?
2. The state is requesting this because the copy of the affidavit provided by Echols lawyers wasn't certified (so basically it wasn't stamped and signed by the appropriate authority when the copy was made)?
3. We are assuming that the defense should be able to submit an amended petition including a certified copy of the documents in question?
|
|
|
|
|
Logged
|
|
|
|
enuffizenuff
New Member
Posts: 2202
|
That is kind of my take on it, but also that the state is arguing that they shouldn't even consider it
because it has nothing to do with the DNA ruling they denied and that the issue itself was already
ruled on before by the Supreme Court. I could be wrong, this entire type of writ confuses me and then some. But, to me it sounds like they are pitching a fit because A. the copy isn't certified and B. it had nothing to do with his petition for a new trial he brought before the court based on new DNA evidence.
|
|
|
|
|
Logged
|
|
|
|
|
Paid
|
It's my understanding (And I might be intentionally trying to deceive everybody  ), but.... I think the ASS Court is giving Damien's "Actual Innocence" claim the lee-way that was provided by the case of House v. Bell. Therefore....the only problem is may be the certification issue. |
|
|
|
|
Logged
|
Q: So is it your testimony Mr. Jacoby was with you all night until he went to work; is that your testimony?
Terry Hobbs: Well, he was with Pam -- there was a time he was with Pam, and there was a -- or we might have all been together, yeah, I wouldn’t doubt it.
********************************************************
Terry Hobbs: They were going to go look and see if they was in that manhole
|
|
|
|
