Posts: 12385
Threads: 125
Joined: January 11, 2010
Reputation:
45
Innocence is not enough for the Supreme Court...
May 27, 2022 at 2:25 am
The Supreme Court Just Said That Evidence of Innocence Is Not Enough
Quote:[...]
In a 2012 case, Martinez v. Ryan, the Supreme Court ruled that a convicted defendant “is not at fault for any failure to bring a trial-ineffectiveness claim in state court”—and thus opened the door to appeals like the one brought by Jones.
On Monday the court gutted the precedent established by Martinez.
In its decision, written by Justice Clarence Thomas, the court ruled that a federal court, “may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel.” In short, a convicted defendant, like Jones, can be held responsible and kept in prison if his state-appointed lawyer provided ineffective counsel for his appeal.
https://www.vox.com/2022/5/23/23138100/s...nn-ramirez
For the record, the case in question was one where a man was convicted of a murder under a theory that makes zero sense. They got away with it because the defendant's Public Defender was incompetent. And the Supreme Court basically decided that the fact that not only did he not get a fair trial due to shitty legal representation didn't matter, they also decided the fact that the fact that the prosecution's scenario didn't matter either.
This might actually be worse than the court's apparent decision to overturn Roe v. Wade. At least that makes sense if you don't understand all the reasons why a woman would need to seek out an abortion and/or all you care about is that this means there's more babies being born. This is just horrific under any circumstances.
Comparing the Universal Oneness of All Life to Yo Mama since 2010.
I was born with the gift of laughter and a sense the world is mad.
Posts: 7259
Threads: 506
Joined: December 12, 2015
Reputation:
22
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 7:48 am
Thomas' goal is to eliminate the appeal of criminal convictions and/or death sentences at the federal level. It's just nuts, but, fortunately, the majority of state courts are not as nutty as the US Supreme Court. Even scheduled executions in Texas are sometimes halted at the last moment by state courts, rarely, if ever, by SCOTUS.
Posts: 67679
Threads: 140
Joined: June 28, 2011
Reputation:
161
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 7:50 am
When was innocence, incompetence, or corruption ever an issue for the us courts handing down sentences?
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Posts: 7259
Threads: 506
Joined: December 12, 2015
Reputation:
22
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 12:41 pm
When one is convicted, the presumption of innocence is gone and the trial record is held to be perfect. The burden of proof shifts from the state to the defendant. Getting relief, at this point, depends largely on which state you live in and your access to legal resources, assuming, of course, that you are truly innocent.
The job of the federal courts is to diminish the differences between the States. Thomas & Friends wants a return to pre-Antebellum jurisprudence. It's a dangerous judicial philosophy, one that could result in the United States splitting into two or more countries.
Posts: 67679
Threads: 140
Joined: June 28, 2011
Reputation:
161
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 12:57 pm
As god intended.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Posts: 166
Threads: 1
Joined: May 24, 2022
Reputation:
3
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 1:09 pm
We have our incentives all wrong. A Prosecutor's office measures its success by number of convictions, not by number of cases where justice is done. It's very sad.
"When you get the message, hang up the phone" --Alan Watts on enlightenment.
Posts: 67679
Threads: 140
Joined: June 28, 2011
Reputation:
161
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 1:22 pm
How else are they supposed to keep the for profit prisons over capacity as stipulated in their contracts?
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Posts: 8280
Threads: 47
Joined: September 12, 2015
Reputation:
42
RE: Innocence is not enough for the Supreme Court...
May 27, 2022 at 6:20 pm
(May 27, 2022 at 7:48 am)Jehanne Wrote: Thomas' goal is to eliminate the appeal of criminal convictions and/or death sentences at the federal level. It's just nuts, but, fortunately, the majority of state courts are not as nutty as the US Supreme Court. Even scheduled executions in Texas are sometimes halted at the last moment by state courts, rarely, if ever, by SCOTUS.
Thomas' goal is the murder of justice in the US legal system and the re-establishment of the volksgerichtshof.
Urbs Antiqua Fuit Studiisque Asperrima Belli
Home
|