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The Killing Season - Websleuths

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  1. #1
    Join Date
    Jul 2010
    Location
    Washoe County, NV
    Posts
    211

    Appeals

    Retrial and after that, new investigation by outside agency.
    I'm disgusted and ashamed.

    These victims deserve to have true justice. So far, they've gotten a Juicy Fruit, a Dr. Pepper and a box of Cracker Jacks.
    Pathetic.

  2. #2
    Join Date
    Jul 2008
    Location
    middle tennessee
    Posts
    1,051
    my honest answer is that i don't know, but there certainly seems to be ample evidence to the contrary of their guilt. i agree with rindicella, new trial, new independent investigation. i do not believe justice prevailed for those three little boys.
    Hinky Dinky Parlez Vous!-Sleuthy Gal

  3. #3
    Join Date
    May 2009
    Location
    DFW
    Posts
    6,538
    DE appeal hearing will happen on September 30, If they deny that then what happens? I believe this is his very last appeal.

    I think that if He gets a new trial it is only fair that Jason & Jessie get one too, even if they are granted a new trial and found guilty again at least give all three of them new trials.

  4. #4
    Join Date
    Aug 2010
    Posts
    110
    DE appeal hearing will happen on September 30
    Actually that hearing is in regards to a Writ of Certori filed in 2009 in regards to Burnett's ruling on the DNA claim.

    The Defense is essentially asking the ASSC to review Burnett's ruling for procedural errors.

    The ASSC can't grant a new trial over the hearing - they can't even rule on the DNA claim itself, as it's still in the circuit court's jurisdiction.

    They can only order Burnett to rule again on the DNA claim if they find he did in fact err.

    Echol's only remaining "appeal" is the federal Habeas Corpus writ which was filed in 2007.

    In that appeal, Roirdan attempted a "Schlup/House" claim in order to use the DNA testing to enter other evidence that normally wouldn't have been allowed in Federal court.

    That claim has been held in abeyance until the DNA claim was exausted in state court, and once it is, it's no longer a valid federal claim - and the HC writ becomes meaningless.

    That's why the Defense is dragging the state exaustion out as long as they possibly can.

  5. #5
    Join Date
    May 2009
    Location
    DFW
    Posts
    6,538
    Quote Originally Posted by Dirty larry View Post
    Actually that hearing is in regards to a Writ of Certori filed in 2009 in regards to Burnett's ruling on the DNA claim.

    The Defense is essentially asking the ASSC to review Burnett's ruling for procedural errors.

    The ASSC can't grant a new trial over the hearing - they can't even rule on the DNA claim itself, as it's still in the circuit court's jurisdiction.

    They can only order Burnett to rule again on the DNA claim if they find he did in fact err.

    Echol's only remaining "appeal" is the federal Habeas Corpus writ which was filed in 2007.

    In that appeal, Roirdan attempted a "Schlup/House" claim in order to use the DNA testing to enter other evidence that normally wouldn't have been allowed in Federal court.

    That claim has been held in abeyance until the DNA claim was exausted in state court, and once it is, it's no longer a valid federal claim - and the HC writ becomes meaningless.

    That's why the Defense is dragging the state exaustion out as long as they possibly can.
    I was wondering what was taking them so long. I go back and forth on this case. Did they do it? Did they not do it? It's hard to tell.

  6. #6
    Join Date
    Oct 2008
    Location
    Decatur, IL
    Posts
    209
    WOW, such legal mumbo jumbo!! I still HOPE with all my soul that he wins the appeal and there can be a new trial??? Still don't believe the "WM3" are guilty of these crimes against these little boys!! JMHO!!
    "To thine own self be true"

    "When I refrain from thoughts of harm directed toward others, I accumulate all the benefits of life"