A Texas Judge on Trial: Closed to a Death-Row Appeal?

[Gary and Alla 3,694]

So she was dealing with a handyman at her home when she made that statement... It certainly doesn't look good... Someone died because she was too busy having a new carpet installed...

OR...

A filthy murdering ####### died because they are a filthy murdering ####### and their defense attorneys are so stupid as to wait until the last minute to file an appeal. The problem with the death penalty is that it isn't carried out immediately and the only "appeal" is a last request as to which EAR you want the bullet fired into!

If we are going to have this mess, it is better to dump them up on a special island (Ireland may be a good choice) and just leave them there forever. Much cheaper.

[Peikko 1,575]

OR...

A filthy murdering ####### died because they are a filthy murdering ####### and their defense attorneys are so stupid as to wait until the last minute to file an appeal. The problem with the death penalty is that it isn't carried out immediately and the only "appeal" is a last request as to which EAR you want the bullet fired into!

If we are going to have this mess, it is better to dump them up on a special island (Ireland may be a good choice) and just leave them there forever. Much cheaper.

Do you think it's acceptable to have stupid defense attornies if this stupidity can lead to someone getting a death sentence when someone with acccess to a better defence attorney committing an equally horrible crime might be given a life sentence instead simply because they are more competent?

What do you have against the Irish by the way?

Edited January 26, 2010 by Madame Cleo

[Trumplestiltskin 5,791]

OR...

A filthy murdering ####### died because they are a filthy murdering ####### and their defense attorneys are so stupid as to wait until the last minute to file an appeal. The problem with the death penalty is that it isn't carried out immediately and the only "appeal" is a last request as to which EAR you want the bullet fired into!

If we are going to have this mess, it is better to dump them up on a special island (Ireland may be a good choice) and just leave them there forever. Much cheaper.

Sentimentality and emotional theatrics rarely make a good argument when it comes to subjects like this.

I have zero opinion on the guy, merely that justice should be fair and transparent - and that people shouldn't be executed over matters of procedural bureaucracy.

[CDAgirlMI 51]

Do you think it's acceptable to have stupid defense attornies if this stupidity can lead to someone getting a death sentence when someone with acccess to a better defence attorney committing an equally horrible crime might be given a life sentence instead simply because they are more competent?

What do you have against the Irish by the way?

That's their problem.

Someone who commits a violent crime like he did doesn't deserve anything but the DP. Letting someone live their lives in prison is a waste of taxpayer money.

[Peikko 1,575]

That's their problem.

Someone who commits a violent crime like he did doesn't deserve anything but the DP. Letting someone live their lives in prison is a waste of taxpayer money.

Well, that's one way of looking at the justice system, only fair for those who can access competent attorneys because in your opinion only 'nice' criminals deserve proper representation.

[Niels Bohr 72]

So, it's okay for judges to issue search warrants at 12 midnight, but not okay for them to stay open a little later? Double standard?

Salaried jobs are always 24/7.

[SMR 368]

Do you think it's acceptable to have stupid defense attornies if this stupidity can lead to someone getting a death sentence when someone with acccess to a better defence attorney committing an equally horrible crime might be given a life sentence instead simply because they are more competent?

What do you have against the Irish by the way?

You're deflecting the issue. I don't think that someone should get a better sentence regardless of how much money they have. That would be unjust and I think most reasonable people agree on that. But whether or not someone else gets off easy doesn't affect whether this guy should get off easy. Justice should be served in every case individually. If it isn't served in a certain case, that should have no effect on whether or not it should be served in a different case.

Don't you think it's a little ridiculous that a man had 20 years for appeals and a judge is expected to stay late to hear appeals on the day of his execution?

[SMR 368]

So, it's okay for judges to issue search warrants at 12 midnight, but not okay for them to stay open a little later? Double standard?

Salaried jobs are always 24/7.

You don't believe in paid time off. Or going home after work. I understand that salaried jobs don't necessarily have specified hours. But some of them do and most jobs don't require that a person be on call 24/7.

Search warrants are issued at the time when it's most likely to provide the information desired. Sometimes that's the middle of the night. But the time of night that a search warrant is served really shouldn't determine when a judge should be able to go home. The two are only tangentially related.

Edited January 27, 2010 by SMR

[Niels Bohr 72]

Those who hold power are always 24/7. Held at a moment notice. Especially those who are government officials.

The mayor, city councilors, principals, teachers, police captains....I see that the high profile jobs are the ones that mostly 24/7. The lower salaried jobs aren't quite as demanding.

Well, teachers aren't quite high profile. But, a great number. What makes this judge so different. And, justice is served when issuing warrants, and/or justice is served when the judge looks at appeals completely. Makes no difference.

You don't believe in paid time off. Or going home after work. I understand that salaried jobs don't necessarily have specified hours. But some of them do and most jobs don't require that a person be on call 24/7.

Search warrants are issued at the time when it's most likely to provide the information desired. Sometimes that's the middle of the night. But the time of night that a search warrant is served really shouldn't determine when a judge should be able to go home. The two are only tangentially related.

[CDAgirlMI 51]

Well, that's one way of looking at the justice system, only fair for those who can access competent attorneys because in your opinion only 'nice' criminals deserve proper representation.

Whether or not the attorneys are competent has nothing to do with the story. Not quite sure why you keep bringing it up.

[NotworkSte 19]

OR...

A filthy murdering ####### died because they are a filthy murdering ####### and their defense attorneys are so stupid as to wait until the last minute to file an appeal. The problem with the death penalty is that it isn't carried out immediately and the only "appeal" is a last request as to which EAR you want the bullet fired into!

If we are going to have this mess, it is better to dump them up on a special island (Ireland may be a good choice) and just leave them there forever. Much cheaper.

The appeals process is as it is because there are mistakes that are made. And often those mistakes can be compounded by other issues. Indeed, I know of one case where someone was on DR for 11 years and finally got off. Came within 5 days of the sentence being carried out. To everyone concerned he was guilty. Turned out he wasn't. By your reckoning you need to have 100% faith that they get every decision right, all of the time. I was a cop and *I* don't have that level of faith in the system.

When you factor in unreliable eye witness accounts, false testimony, defence incompetence, evidence fabrication, undue pressure to catch "someone", there has to be away of appealing, and there is. Mistakes are made. If the state is to take someone life, it owes it to the public, the defendant and the victim, to make sure it gets the right person. I am not making an opinion either way on this fellow, but looking at it unemotionally, he is entitled to his appeals so that we all know, with some degree of confidence, he was the perpetator.

Rather that than put a bullet through an ear of someone who ends up being innocent.

[Peikko 1,575]

Whether or not the attorneys are competent has nothing to do with the story. Not quite sure why you keep bringing it up.

The update brought up the fact that the defense attorney was negligent in his duty to his defendent in the appeal process and the judge was not as accessible as she should have been. You may believe that a fair and transparant legal process should only be available for 'nice' criminals, but the American legal system is based on a without prejudice process. If this is failing and only those who do not have access to excellent legal representation get execution instead of life terms for equivelant crimes, then the judicial system is not functioning as it was intended, it is particuarly heinous when it comes to the application of a sentence as final as execution, which serves no one well. That is why I keep bringing it up.

Edited January 27, 2010 by Madame Cleo

[Pinocchio Liberal 268]

The update brought up the fact that the defense attorney was negligent in his duty to his defendent in the appeal process and the judge was not as accessible as she should have been. You may believe that a fair and transparant legal process should only be available for 'nice' criminals, but the American legal system is based on a without prejudice process. If this is failing and only those who do not have access to excellent legal representation get execution instead of life terms for equivelant crimes, then the judicial system is not functioning as it was intended, it is particuarly heinous when it comes to the application of a sentence as final as execution, which serves no one well. That is why I keep bringing it up.

Since when did you get so concerned about transparency?

[luckytxn 2,264]

She should have stayed open and when they brought the appeal in then look it over and say loudly, "denied." Would have been priceless to see the look on the attorneys face.

[Niels Bohr 72]

Yep. That's what I rather see than being closed.

She should have stayed open and when they brought the appeal in then look it over and say loudly, "denied." Would have been priceless to see the look on the attorneys face.