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Post by mysteron on Feb 18, 2005 16:37:57 GMT -6
I have just read "Dead Run: The Untold Story of Dennis Stockton and America's Only Mass escape from Death Row" by Burke and Jackson.
Can anyone let me know if the 21 day rule in Virginia still exists or have they seen some sort of light?
I am being straight down the line on this, I live in the UK where we have no DP and I have no real experience personally with the DP but I am unable to believe that the US still has a state which will not allow evidence over 21 days old unless it is DNA, most people would not have got over the shock in that situation let alone be able to get their act together to present evidence.
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Post by Tozzie on Feb 20, 2005 13:43:51 GMT -6
I have just read "Dead Run: The Untold Story of Dennis Stockton and America's Only Mass escape from Death Row" by Burke and Jackson. Can anyone let me know if the 21 day rule in Virginia still exists or have they seen some sort of light? I am being straight down the line on this, I live in the UK where we have no DP and I have no real experience personally with the DP but I am unable to believe that the US still has a state which will not allow evidence over 21 days old unless it is DNA, most people would not have got over the shock in that situation let alone be able to get their act together to present evidence. I may not be reading your question correctly but the 21 day rule in VA is 21 days after a trial verdict not 21 days after the crime. I don't know if they have changed the law as of yet.
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Post by mysteron on Feb 20, 2005 14:57:04 GMT -6
That was what I understood, after the conviction, evidence cannot be submitted after 21 days, this does not give much hope to someone who has been incorrectly convicted.
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Post by GlennF on Feb 20, 2005 15:01:48 GMT -6
That was what I understood, after the conviction, evidence cannot be submitted after 21 days, this does not give much hope to someone who has been incorrectly convicted. That's all theoretical, I have no doubt that any judge or appeals court would prevent an execution if real evidence suggesting true innocence was forwarded. This 21 days rule is probably only to prevent the usual "buying time" we constantly keep hearing about.
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Post by RickZ on Feb 20, 2005 16:18:20 GMT -6
Mysteron,
There is a two tier appellate process in the States. Once the State appeals are through, the inmate can appeal to the Federal Courts. The Federal Courts are not prohibited from ruling on matters that may be contrary to a state's law.
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