tag:blogger.com,1999:blog-5945843206427351559.post8064265057675288720..comments2024-01-25T14:51:13.377-05:00Comments on Gamso - For the Defense: BECAUSE EVERYONE WANTS TO BE TEXAS: The California EditionJeff Gamsohttp://www.blogger.com/profile/09869425697771419546noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5945843206427351559.post-51207545241912661732010-12-11T10:08:22.496-05:002010-12-11T10:08:22.496-05:00I'm sure there's merit to what you say, al...I'm sure there's merit to what you say, although your alternative point is better: if I can find a link I'll send it, but I remember reading that of the roughly 2,000 non-capital federal habeas petitions in one year, relief was granted only in 6. <br /><br />The odds on capital federal petitions are much better, 20% or more. <br /><br />A further point would be, assuming that it's true that death penalty petitions are "better litigated", why is that? Does the profession regard incarceration as a trifle, unworthy of serious effort, so the only thing that matters is whether someone is going to be out and out killed?<br /><br />It's a fair conclusion, then, and one that I'm sure many judges have come to, that all the arguments in capital habeas cases are disingenuous, driven by the abolitionist agenda, not by the evidence. That is unfortunate, and has the effect of poisoning the well for meritorious but strictly evidence grounded arguments for relief.<br /><br />I'm not unsympathetic to the abolitionist position, but it's had some unintended systemic consequences, I think.John Reganhttps://www.blogger.com/profile/14174895768769300686noreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-71667831200602165292010-12-11T02:04:38.115-05:002010-12-11T02:04:38.115-05:00I think it's not true that "only death pe...I think it's not true that "only death penalty cases get any real attention in federal habeas proceedings." <br /><br />And insofar as it is true, it's not because the judges are attending to them more, it's because the lawyers are. Death penalty cases are, on the whole, more thoroughly litigated, and often better litigated, in habeas than other criminal cases. Why? Because there are highly skilled and trained lawyers, often with serious access to resources, doing those cases. (On both sides, by the way.) The same is just not true for the vast majority of non-capital habeas cases.Jeff Gamsohttps://www.blogger.com/profile/09869425697771419546noreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-60222665867650109302010-12-10T15:10:54.471-05:002010-12-10T15:10:54.471-05:00The press is essentially hostile to post-convictio...The press is essentially hostile to post-conviction claims of innocence, for a lot of reasons, largely self-serving. For one thing, post-conviction proceedings lack the drama and circus-like atmosphere of a high profile criminal trial; if they were seen as being as significant, or even more significant than the trial itself it would reduce the media's importance in legal proceedings, and they don't want that.<br /><br />In this case, while there seems to be a lot of evidence that the police framed the guy, I wouldn't say it was conclusive. It's enough to convince me, but the way courts usually behave is that all other interpretations of the evidence have to be effectively foreclosed. It's a standard almost no one can meet, which is one reason successful outcomes in habeas proceedings are rare.<br /><br />I think it's also unfortunate that only death penalty cases get any real attention in federal habeas proceedings. The analysis of evidence is affected by the strong opinions many in the profession and the judiciary have about the death penalty, so there's always a tendency towards being overwrought rather than dispassionate and sober.<br /><br />If they framed the guy it doesn't matter whether he's sentenced to death or not; he's entitled to relief. But he's a lot less likely to get any unless he's sentenced to death.John Reganhttps://www.blogger.com/profile/14174895768769300686noreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-43505817624175851022010-12-09T20:51:59.269-05:002010-12-09T20:51:59.269-05:00Thanks for posting this one. This kind of conduct ...Thanks for posting this one. This kind of conduct is outrageous, and this particular case should be making headlines in every single newspaper in the nation. <br /><br />I'm not holding my breath.<br /><br />Does anyone think this is the first time that something like this has happened?Mad Jackhttps://www.blogger.com/profile/06190137186843630543noreply@blogger.com