1. What, at this point, do you think the boys' chances are in actually finding relief in the courts? Which one do you think it will happen in?
Chances of post conviction relief are good IMO because there were constitutional error at Federal if not State level. See below. . .
2. I was wondering about the SCourt. I understand that it is rare to get a case accepted and then most of that chance depends on the Constitutional violation and how it is cited. But, does Damien have a right to be heard there and would he have to pose the violation to the Court?
Yes, on the basis of the right to confront accusers and jury misconduct. If something at the state level doesn't prevail. Right now Riordan filed in Fed and was remanded for another round at the State Supreme court level. My understanding is this keeps the Federal door open. Keep in mind they will go to Federal District before the SCOTUS.
3. If the boys do find a court willing to hear this case, on what stance will it be presented? And, what information will be accepted or rejected?
What will be accepted and rejected depends on Judicial Discretion but the 2 big issues in E&B (as I see them) are listed above. Judges have wide discretion on what they will hear and how they interpret any issues and evidence. AS for Jesse I feel that it will hinge on the fact that he was not competent to waive his rights combined with empirical evidence on false confession.
Jason and Jesse may also benefit in the future on the current debate about Juveniles and LWOP. They were juveniles at the time of the offense and were waived (AKA certified) as adults.
Let me add that I could be FOS but I know what I have learned and how I understand it works in my state.
