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Well... Jacob Send a noteboard - 22/09/2011 05:18:54 PM
Other than proven innocent comment, is if all this evidence is so shaky, why didn't he win any of the appeals? That's where I'm confused...


From what I understand of the law and the appeals process is that you can only appeal aspects of a case that fell within the original case and ruling. Recanted testimony, after the fact, as far as I can tell, will not change an appeals ruling, as long as the proper legal process, and results, came during the original trial. New evidence, especially in the case of questioned/recanted witness accounts can be tricky. They most frequently lead to a new trial. For a new trial, witness coercion would probably have to be proved in front of a judicial review.

The supreme court does not have executive powers. It hears cases and reviews ruling based on the interpretation of law and the constitution. The man had been found guilty by a jury of peers, and sentenced based on that verdict. Short of a miscarriage of law, an interpretation of the law, or clear and verified circumstances that change the verdict, the Supreme court tends to not get involved, allowing state legal and executive branches to rule in their own jurisdictions.

Personally, I don't know the circumstances of the two witnesses that have not changed their story since. Were they the two strongest witnesses? I haven't head the specific witnesses claims of coercion. But, I do know that this case and outcome is a mess. He was convicted and sentenced on the strength of 9 witnesses and no hard evidence. He was executed on that result.

It does seem odd that the load of questions and possible coercion would at least have resulted in a longer stay, or possibly having the death penalty changed to at least life in prison. Was it justice or was it a mistake? I don't think any of us will really be able to answer that definitively. And, I think that it is THAT, more than anything else, that makes people uncomfortable that he was indeed executed. People would rather be certain when it comes to ending a man's life.
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i'm proud to live in a country where you can be executed based on circumstantial evidence... - 22/09/2011 04:06:07 PM 1661 Views
Yeah it's pretty damn disgusting and frustrating... - 22/09/2011 04:08:05 PM 939 Views
Well - 22/09/2011 06:57:37 PM 991 Views
And yet the Supreme Court didn't stop it. You're a lawyer right? - 22/09/2011 04:19:05 PM 1000 Views
Well, that right there was an ignorant thing to say. - 22/09/2011 04:32:49 PM 1071 Views
But they get all the media attention - 22/09/2011 04:45:03 PM 958 Views
Er. - 22/09/2011 05:09:44 PM 965 Views
What about the t-shirts? *NM* - 22/09/2011 05:47:49 PM 399 Views
Heh... you should perhaps Google 'The West Memphis 3' - 22/09/2011 05:29:06 PM 1061 Views
And this is a typically illogical argument. - 22/09/2011 11:11:48 PM 973 Views
You're kidding, right? - 23/09/2011 02:55:44 PM 950 Views
Re: You're kidding, right? - 23/09/2011 07:36:38 PM 962 Views
Juror bias. *NM* - 23/09/2011 08:35:10 PM 384 Views
the jury was majority black *NM* - 23/09/2011 09:03:48 PM 397 Views
In this instance, yes. *NM* - 23/09/2011 09:30:10 PM 353 Views
Your evidence for that? *NM* - 23/09/2011 11:33:58 PM 394 Views
Twenty-one years of life in the American South. - 24/09/2011 12:40:10 AM 906 Views
Of course I'm interested - 24/09/2011 04:03:51 AM 844 Views
From me being too involved with the subject material. I apologize. - 24/09/2011 11:16:06 AM 823 Views
No worries - 24/09/2011 07:10:40 PM 813 Views
While I largely agree with your argument, I agree more with Cannoli on the NAACP. - 23/09/2011 07:46:06 PM 887 Views
Wow - 23/09/2011 07:50:06 PM 786 Views
It happens. - 25/09/2011 03:09:00 PM 840 Views
yes the "you born white what more do you want" argument *NM* - 23/09/2011 09:03:04 PM 393 Views
From what I've read it is pretty disturbing - 22/09/2011 04:27:44 PM 1006 Views
Huh. - 22/09/2011 04:47:20 PM 1009 Views
That jumped out at me too. - 22/09/2011 04:50:52 PM 943 Views
What really confuses me - 22/09/2011 04:58:32 PM 886 Views
Well... - 22/09/2011 05:18:54 PM 1043 Views
So if I understand you correctly... - 22/09/2011 05:23:00 PM 979 Views
almost - 22/09/2011 08:25:06 PM 894 Views
Re: Well... - 22/09/2011 05:29:03 PM 954 Views
I know one reason is that - 22/09/2011 08:27:41 PM 960 Views
it is only confusing because the evidence isn't really that shaky - 22/09/2011 08:54:21 PM 959 Views
you are innocent until proven guilty - 22/09/2011 05:34:57 PM 962 Views
You must change your perspective..... - 22/09/2011 07:33:20 PM 935 Views
Well said *NM* - 22/09/2011 08:49:56 PM 427 Views
If I understand the Supreme Court correctly, the reason they denied the stay of execution was - 22/09/2011 08:25:14 PM 965 Views
On its face, that is a good reason. - 22/09/2011 10:07:44 PM 1005 Views
I completely support the Death Penalty without question..... - 22/09/2011 08:27:54 PM 862 Views
Unreasonable doubt is impossible to eliminate. - 22/09/2011 09:54:43 PM 948 Views
Doubt can be eliminated.....any question about Dalmer? - 23/09/2011 01:00:52 PM 1004 Views
Maybe he was framed by an enemy, government conspiracy or aliens. - 23/09/2011 01:54:21 PM 875 Views
Jigga what? *NM* - 23/09/2011 03:36:07 PM 498 Views
Circumstantial evidence is not, I believe, a bar to conviction. - 22/09/2011 09:43:56 PM 851 Views
Regarding the salvation thing, that is an argument FOR the death penalty, in my mind. - 22/09/2011 11:37:16 PM 907 Views
That motive is seflish and thus fatal. - 23/09/2011 01:17:00 AM 883 Views
Bullshit - 25/09/2011 03:53:05 AM 1069 Views
Thank God you're not an evangelist. - 23/09/2011 02:59:06 PM 884 Views
And I pity the souls you have ministered to. They're in for a rude shock at their judgement - 25/09/2011 04:01:05 AM 872 Views
lol roman catholicism *NM* - 25/09/2011 04:39:55 AM 366 Views
You really don't understand irony, do you? Particularly as it applies to your post about this case. - 22/09/2011 11:26:49 PM 993 Views
. - 23/09/2011 08:21:38 AM 909 Views
I kind of agree. - 24/09/2011 12:05:27 AM 975 Views

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