Rolando, the phrase "the human life and dignity are invulnerable" have i not from somewhere or other, it describes parts of the sections 1+2 of our constitution and that´s why it counts also for our inmates. When our system would try to harm those guidelines then an inmate could charge the whole system, the Federal Republic of Germany. Therefore do we have the European Court for Human Rights. This type of control of a whole system through a higher instance is not a bad thing.

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Guess who i will see soon live in action.

Andreas thank you for the phrase ""the human life and dignity are invulnerable" have i not from somewhere or other, it describes parts of the sections 1+2 of our constitution and that´s why it counts also for our inmates.

I for one envy your constitution and I am sure those inmates on our death rows feel the same, specifically parts
of sections 1+2, which in your country counts also for
inmates. If you ever come to my country Andreas, this is
what you will see everywhere here:

THE DEATH PENALTY: Arbitrary, unfair and racially biased

More than 350 people have been executed in the USA since 1990. The USA has the highest known death row population on earth: over 3,300 people await their deaths at the hands of US authorities.

I am ashamed Andreas to show you this information, as if
you did not already know.

Here is something else...

Davis was at a party and shot someone there. The shell casings and the bullets matched the ones that were found in the murdered officer.

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"I'm done with propagandists who are willing to use any issue - race, cost, deterrence - to spare murderers' lives. Their attempts to shame a country out of delivering justice are terrorism of the intellectual variety." Brian Hickey

"The right to bear arms is the right to be free."
A. E. Van Gogt
THe Weaponshop of Ishtar

I also think this is going to be something like rodger coleman, who said he was innocent for years and people trumpeted it for years after his execution. Till DNA showed that indeed, he was the person who did the crime.
I know that a lot of people assume that some on death row are innocent, and that may be true, but the vast majority are guilty.

__________________
"I'm done with propagandists who are willing to use any issue - race, cost, deterrence - to spare murderers' lives. Their attempts to shame a country out of delivering justice are terrorism of the intellectual variety." Brian Hickey

"The right to bear arms is the right to be free."
A. E. Van Gogt
THe Weaponshop of Ishtar

Mr. Elric, your comment is a reasonable one and I appreciate your time to interact with us in this thread. Because I view your description of the crime scene "The shell casings and the bullets matched the ones that were found in the murdered officer", tells me that you know more about this case than what I read pursuant to this post.

So yes, your comment is reasonable indeed. It compelled me to go back and re-read the article. Finding no shell casings language in the courts arguments in Mr. Davis appeals, I have to think you have a transcript of the whole case, which is very interesting.

Another thing I find interesting is your obvious assumptionthat someone in this thread has suggested that Mr. Davis is innocent and should walk.

Believe me sir, no one has ever suggested here he is not guilty. This issue here, and the only issue sir, is whether "Shouldn`t Innocence Matter""be", during appellate processes of condemned felons when evidence is conflicting as to the truth of the case in question.

Be assured sir, that I am in no way suggesting he is not guilty. I am strongly opposed however, of how the judicial appellate process is stacked against Mr. Davis, that`s all.

Thanks Rolando .

That is correct . Mr Davis innocence or guilt is not the issue . The Appeals process that has been severely harmed by ADEAPA is the issue .

Until some one is in the defendants chair or appealing a case they do not know how long tedious and difficult it .

The deck is heavily stacked against you and with all the problems with our criminal justice system Each week if one cares to read new problems crop up .

A new example

Grits for Breakfast: Add autopsies to list of frequently shoddy forensics

Tuesday, September 29, 2009
Add autopsies to list of frequently shoddy forensics

The Fort Worth Star-Telegram yesterday launched a series on shoddy forensics in Texas autopsies with a story titled "With little oversight in Texas, autopsies often careless." Here's a tasty excerpt:.

over the years, Texas medical examiners have misidentified bodies, botched examinations and had to do a double take on cases of individuals later exonerated by law enforcement. That has opened the door for innocent men and women to go to prison and killers to go free. The slapdash work of some medical examiners could also allow public health threats, wrongful deaths and preventable medical errors to go undetected, experts warn.
"The work of the medical examiner’s office is just so slipshod," said Tommy Turner, the former special prosecutor who put a Lubbock medical examiner behind bars for falsifying autopsies.

Critics say the medical examiner’s office is "the last bastion of junk science." The problems, they say, are similar to those that plagued the state’s crime labs for years: lack of performance standards, poor documentation, a shortage of qualified personnel and lax oversight.

"The state does not keep track of MEs in any shape, form or fashion," Bexar County Chief Medical Examiner Randall Frost said. The state doesn’t even know how many certified forensic pathologists work in government offices, he added.


The we have

Grits for Breakfast: More innocent people accused by dog 'scent lineups' but FBI now using technique

Sunday, September 27, 2009
More innocent people accused by dog 'scent lineups' but FBI now using technique

Yet more people were identified this week who'd been falsely accused by dogs in "scent lineups"after the Innocence Project of Texas released a new report (pdf) on Fort Bend Sheriff's Deputy Keith Pikett and his bloodhounds. The Houston Chronicle describes the case of Curvis Bickham ("Scent lineups may be failing smell test," Sept. 27), where the defendant spent eight months in jail on capital charges:


“I lost my home, I lost my business, I lost my reputation,” Bickham said. “I have three little boys depending on me — ages 6, 8 and 9 — and they charge me with the most heinous thing they can charge a man with.”

Bickham, 49, gets emotional in the retelling of the October 2008 arrest and the painful months that followed before charges were dropped for lack of evidence.

The evidence against Bickham may have been slight, little more than a positive reaction from Keith Pikett's bloodhound. But it was enough to charge him.

Now Bickham has added his voice to the growing chorus of critics who call Pikett a fraud and the use of so-called scent lineups “voodoo science.”

“This has got to stop,” Bickham said.


Meanwhile, the Victoria Advocate identified two new cases where defendants spent up to a year in jail pretrail based on one of Pikett's scent lineups before they were cleared, including one who saw charges dismissed this week. Reported the Advocate ("More suspects point fingers at dog-scent lineups," Sept. 25):


Who knows where it will end ?

After the Whillingham night mare It was bound to happen and how many others ? . I am waiting for the next shoe to drop . it is a matter of When not if .

We cannot wish or make people guilty to exact revenge . Saying it is acceptable to execute a innocent person says humans are expendable and you have absolute faith in the state! You cannot fix a execution and bring the dead back to life if you get it wrong .

Saying we should limit appeals that you trust the government .There is not any other argument if you say you trust the state to kill and that is what it is then you trust it absolutely Ironic for so called "conservatives "

Seeing the system is so deeply flawed and m more flaws will be found every recourse should be available to the accused and convicted

In the end the Pro argument now clearly shows DP is revenge nothing more

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The Constitution is not a Technicality!

Me

If you never have dreams they will never come true.

Somethings are worth fighting for !

http://www.youtube.com/watch?v=a2Ngn...eature=related


Money Talks !

http://www.youtube.com/watch?v=AgL8qqjOnlg

I dont have a transcript. What I did was Google the name of the guy, and started to look around.
I found it on an article that one of his supporters put up.
As he was found guilty, in court, the appeals process is not to re-try the case, rather to insure that everything was done right. This part is to insure that the appeals and any evidence that was not brought up at trial has great weight. I do not think that there is that in this case.

__________________
"I'm done with propagandists who are willing to use any issue - race, cost, deterrence - to spare murderers' lives. Their attempts to shame a country out of delivering justice are terrorism of the intellectual variety." Brian Hickey

"The right to bear arms is the right to be free."
A. E. Van Gogt
THe Weaponshop of Ishtar

Mr. Elric thank you for clearing up the transcript issue with me. I believe that I can assume you no longer see this thread as a "Davis is innocent!!" thread.

As far your understanding of the appeals process, I have to agree with you, to some point, in this case in particular.You are correct in saying that an appeal is not to re-try a case, I therefore conclude you understand.

When you write, that: "This part is to insure that the appeals and any evidence that was not brought up at trial has great weight".....

The prosecution's case rested almost entirely on testimony from eyewitnesses, but seven of the nine who testified against Davis at his trial recanted and now say they are not sure who shot MacPhail. Three people now say that another man has confessed to the crime. However, because of strict rules limiting consideration of new evidence, no court has held a hearing on the evidence of Davis' innocence, and he has come within hours of execution.

Mr. Elric let`s not get distracted with the facts of this one appeal in the Davis case. You state just above, that "This part is to insure that the appeals and any evidence that was not brought up at trial has great weight".....

So weighting your own view of this appeal process, do you still believe, after the prosecution`s case seems to have crumbled completely when those who sent Mr. Davis to the death chamber now are recanting their testimony or actually are lying -- Mr. Davis must die?

I honestly have no appetite for back and forth arguments on issues that I cannot control. The courts are the ones who will decide if he dies or not. Thank you for your views and I will always respect them. As a courtesy to you, I am compelled to remind you, that this thread has never been about whethere he is guilty or innocent. It is about a rogue state judicial system that stack rules of appellate procedure against the poor and defenseless, so that in this case Mr. Davis will not be permitted to introduce the testimony of these recantations and lies of those who helped condemn him to death row.

Apparently ther is a lack of knowledge of just what the appeals process is and how long and difficult it is

. To make it very simple it should and was interned mean that every detail of the case from the second cops get involved to sentencing should be examined . That was the intent of having them .

If the state was wrong it was wrong they need to admit it .


The idea is to ensure that nothing was done wrong and that new evidence can be brought. up ADEPA and other laws limit that . Increasing the possibility of innocent people being executed and or serving prison terms then living with a felony record .

I suppose if one finds humans expandable and a waste it is OK to limit appeals . .


They can lead ot a new trail or dismissal


It is very easy to get convicted it is very difficult to prove your innocence it should be the other way around . Yes It can be you Just task Kerry Max Cook . or If you could Tim Cole both were totally innocent and had nothing at all to do with anything they were accused and convicted of just for staters . I suggest reading Picking Cotton or the Innocent man Chasing Justice just for starters .

Tell me the system worked for them they never should have done a day never mind go through the hell they did for things they did not do
Further limiting appeals and access to evidence called discovery in legal jargon . makes all of us less safe . If the real perpetrator is free to continue in their activities . If we execute a innocent person we can never convict any one else Think about that It makes for lazy shoddy cop work an easy for prosecutors to secure false convictions

We should not let fear and in some cases racial / ethnic hatred and childhood issues or false information run roughshod over our rights That includes the accused and convicted and put innocent people in prison or worse execute them .

If you want revenge be honest and say it and execute. If you want Justice Make a conviction difficult to get and allow those accused and convicted every opportunity to prove their innocence . If it means a few guilty go free so be it That is lower cost than one innocent person in prison or executed.

__________________
The Constitution is not a Technicality!

Me

If you never have dreams they will never come true.

Somethings are worth fighting for !

http://www.youtube.com/watch?v=a2Ngn...eature=related


Money Talks !

http://www.youtube.com/watch?v=AgL8qqjOnlg

Ouch, ASE, if one innocent gets executed lowers the cost, but if a few guilty go free so be it?

Most on DR are killers, and really guilty, so be it if go free?? To kill innocents again?

Confused me...

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