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Author Topic: State fights WM3 evidence  (Read 2589 times)
bossfrog
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« Reply #30: July 17, 2009, 12:28:13 PM »
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That's something that appears lost on most people, Larner. As a high profile Memphis defense attorney said over a year ago, it is indeed a Constitutional issue.


Why can't another affidavit be submitted if Barnett continues to claim that it's been "lost?"
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Alex
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« Reply #31: July 18, 2009, 06:38:53 PM »
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The State probably believes the evidence will be prejudicial to its case hahahaha.  On a serious note, the evidence is clearly relevant.  The Sykes case and its progeny (Schlup, House) stood for the proposition that new evidence will be considered in a miscarriage of justice aka actual innocence claim after the petitioner has exhausted his/her state appeals.  The standard for what "exhaustion" is fairly broad and clearly applies.
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"There is no other definition of Socialism valid for us than that of the abolition of the exploitation of man by man" - Ernesto "Che" Guevara
whitegoddess
In my day, we didn't have self-esteem, we had self-respect, and no more of it than we had earned.
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~ Big egos have little ears. ~


« Reply #32: July 18, 2009, 06:52:09 PM »
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Where the hell you been?????? We've all missed you so very much Alex  yes 
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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.”
Alex
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« Reply #33: July 21, 2009, 12:12:10 AM »
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I've been missed?  Aww it feels great to know that!  I've been in my own legal world - working at a law firm and taking a couple summer classes.   I'm about to start my final year of law school. 

What's new around here?

I've been reading some juror misconduct cases, and I have reason to believe Damien's conviction will be vacated by the Arkansas Supreme Court on that issue alone.  We'll see...
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"There is no other definition of Socialism valid for us than that of the abolition of the exploitation of man by man" - Ernesto "Che" Guevara
whitegoddess
In my day, we didn't have self-esteem, we had self-respect, and no more of it than we had earned.
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~ Big egos have little ears. ~


« Reply #34: July 21, 2009, 05:23:25 AM »
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Quote
I've been missed?  Aww it feels great to know that!  I've been in my own legal world - working at a law firm and taking a couple summer classes.   I'm about to start my final year of law school.

  Why of course you have been! Gee, you have been very busy and it's not long now - final year you say - break a leg hun  yes

Quote
What's new around here?

 Nothing new, just same old common sence being used  big grin

Quote
I've been reading some juror misconduct cases, and I have reason to believe Damien's conviction will be vacated by the Arkansas Supreme Court on that issue alone.  We'll see...

 We will see indeed, and many of us feel the same way.  good 2 go
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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.”
badfish_76
Welfare Queen of The Trailer Park
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« Reply #35: July 21, 2009, 09:19:40 AM »
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Indeed we do!

Glad to hear that things are going so well, Alex. We do miss ya in these here parts.  lips
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Heaven
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« Reply #36: August 09, 2009, 07:04:57 PM »
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Is anyone going to the courthouse tomorrow for the hearings?
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« Reply #37: August 09, 2009, 07:09:32 PM »
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I'll be there with a couple of friends.

You should recognise one of them.

Welcome to the board.
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