Guru
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Up there Cazaly
Posts: 333
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Post by Guru on Oct 31, 2005 20:42:39 GMT -6
All,
A question lawyer types might be able to help me with.
Am I right to assume that part of the backlog with scheduled executions in the various US states relates to the Federal system & the appeals process having to go through firstly the state courts - for state capital offences obviously - & then secondly through the federal system? Thus adding an enormous amount of time to the whole process?
Guru.
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Post by RED on Oct 31, 2005 21:44:50 GMT -6
Yes. That's part of the problem. Love, RED All, A question lawyer types might be able to help me with. Am I right to assume that part of the backlog with scheduled executions in the various US states relates to the Federal system & the appeals process having to go through firstly the state courts - for state capital offences obviously - & then secondly through the federal system? Thus adding an enormous amount of time to the whole process? Guru. |
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Guru
Regular
Up there Cazaly
Posts: 333
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Post by Guru on Oct 31, 2005 22:22:38 GMT -6
Yes. That's part of the problem. Love, RED All, A question lawyer types might be able to help me with. Am I right to assume that part of the backlog with scheduled executions in the various US states relates to the Federal system & the appeals process having to go through firstly the state courts - for state capital offences obviously - & then secondly through the federal system? Thus adding an enormous amount of time to the whole process? Guru. Red, Thanks for that. Other issues contributing to the problem of delays? Guru. |
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Post by RED on Oct 31, 2005 22:29:07 GMT -6
Sheer numbers. Dockets are overcrowded. Just today I got an order from the 11th Circuit granting oral arguments on one of my cases, which will take place on February 13 of 2006. The briefs were submitted over 14 months ago. I mean, the number of cases up on appeal is enormous. Love, RED Yes. That's part of the problem. Love, RED Red, Thanks for that. Other issues contributing to the problem of delays? Guru. |
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Guru
Regular
Up there Cazaly
Posts: 333
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Post by Guru on Oct 31, 2005 23:28:53 GMT -6
Sheer numbers. Dockets are overcrowded. Just today I got an order from the 11th Circuit granting oral arguments on one of my cases, which will take place on February 13 of 2006. The briefs were submitted over 14 months ago. I mean, the number of cases up on appeal is enormous. Love, RED Red, Thanks for that. Other issues contributing to the problem of delays? Guru. Red, Bloody hell! Can you point me in the direction of a website that outlines the judicial structure that incorporates the federal system. Any state will do. Guru. |
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Deleted
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Post by Deleted on Oct 31, 2005 23:37:12 GMT -6
Yes. That's part of the problem. Love, RED I agree, the sheer numbers are the biggest cause of the backlogs in both state and federal courts. If a capital case takes 14 months just to get to oral argument, just think of how long noncapital cases languish before getting final decisions (let alone getting a setting for oral argument) out of federal circuit courts? Add to that the ever-evolving spectrum of delay tatics being employed by the attorneys AND for which the federal courts tend to have a one-sided tolerance in capital cases. (Hint: it is not the states' attorneys that are attempting to employ delay tactics....) |
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Post by anti on Nov 1, 2005 4:33:39 GMT -6
Oh, you misunderstand. RED takes capital cases only on the internet. His actual field of expertise are elderly ladies slipping in front of your local grocery store. You know, life-threatening ear lobe injuries deliberately caused by callous and uncaring shopkeepers. Truly excitzzzZZZZ...zzzZZZ...zzzZZZ...
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Post by RED on Nov 2, 2005 21:08:20 GMT -6
;D ;D Ahh, the envy. I love it. When you get out of school give me a call. Maybe you can do a study on how to keep pools clean permanently. I mean, if your parents give you permission of course.  Love, RED Oh, you misunderstand. RED takes capital cases only on the internet. His actual field of expertise are elderly ladies slipping in front of your local grocery store. You know, life-threatening ear lobe injuries deliberately caused by callous and uncaring shopkeepers. Truly excitzzzZZZZ...zzzZZZ...zzzZZZ... |
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Post by gabriel on Nov 3, 2005 6:21:29 GMT -6
14 months? Talking about justice delayed. Sheer numbers. Dockets are overcrowded. Just today I got an order from the 11th Circuit granting oral arguments on one of my cases, which will take place on February 13 of 2006. The briefs were submitted over 14 months ago. I mean, the number of cases up on appeal is enormous. Love, RED Red, Thanks for that. Other issues contributing to the problem of delays? Guru. |
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Deleted
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Post by Deleted on Nov 3, 2005 23:54:19 GMT -6
14 months? Talking about justice delayed. Unfortunately, I've seen DP cases that took almost 5 years to get through their direct appeal in a state supreme court. So depending on your perspective, 14 months could seem like "justice expedited." It all depends on what court/jurisdiction you are talking about. Nevertheless, going back to Red's 14 plus months in a circuit court of appeals---there is simply NO excuse for a federal court to take that long. Even if the respondent state does not qualify for the super-expedited terms of the AEDPA, there is still no reason for it to take more than a year. Sounds like your circuit judges need to break out their copy of the AEDPA and read up on the part where Congress amended the law so that the federal courts could give top priority to moving habeas petitions from state DP cases more quickly through the federal system (petitions filed pursuant to 28 USC ยง2254). |
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Post by RED on Nov 4, 2005 6:40:24 GMT -6
Hi little: I don't handle capital cases. This case that I have up in the 11th is an ERISA case. However, when it comes to capital cases, is actually worse. One of my friends is handling 2 capital cases and the first one he filed was decided by the 11th in 18 months! The volume is simply too much. Love, RED 14 months? Talking about justice delayed. Unfortunately, I've seen DP cases that took almost 5 years to get through their direct appeal in a state supreme court. So depending on your perspective, 14 months could seem like "justice expedited." It all depends on what court/jurisdiction you are talking about. Nevertheless, going back to Red's 14 plus months in a circuit court of appeals---there is simply NO excuse for a federal court to take that long. Even if the respondent state does not qualify for the super-expedited terms of the AEDPA, there is still no reason for it to take more than a year. Sounds like your circuit judges need to break out their copy of the AEDPA and read up on the part where Congress amended the law so that the federal courts could give top priority to moving habeas petitions from state DP cases more quickly through the federal system (petitions filed pursuant to 28 USC ยง2254). |
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Post by krol on Nov 4, 2005 8:46:12 GMT -6
posted by: Anti ......Jeepers that made me laugh. |
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Post by RED on Nov 4, 2005 9:23:07 GMT -6
I'm sure it did. That German humor is contagious. Love, RED posted by: Anti ......Jeepers that made me laugh. |
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Post by sweethonesty on Nov 4, 2005 11:53:43 GMT -6
I enjoy watching you in action Red lmao!
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Post by johnbgraf on Nov 27, 2005 5:39:15 GMT -6
In South Africa the over crowding in their prisons is because of their anti DP policy.Recently
talked to a number of S.Africans working out here,that are afraid to go back to their home
land because of the dangers.Their prison systems are turning convicted murderers away
due to over crowding.And the murderers know they'll get away with it,and if they are put in jail,their fed and housed,till their let go.Sounds like we as Americans are heading down the
same path. In the words of Ron White;"we need to put in an express line for death row".
The Muslim nations abroad don't have a DP problem,and they also don't have overcrowded
prisons.I am not a Muslim,but when it comes to getting the job done,they have a zero tolerance policy.I think we could learn some things from these foreign law makers.And maybe
we should apply the zero tolerance laws to America's International Trade Commission.And start saving American jobs and perserve our home land for our children's future...
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Post by anti on Nov 29, 2005 11:03:02 GMT -6
That's incorrect. "Capital murder" is too rare to play a major role in incarceration rates.
Example:
No country incarcerates more people than the US. On December 31, 2004, 2,135,901 prisoners (729/100,000 people) were held in Federal or State prisons or in local jails (Bureau of Justice Statistics). Is that because of an anti DP policy? Hardly. On March 31, 2005, there were 62,361 prisoners in DP-free Germany (75/100,000 people) (Statistisches Bundesamt). Why just 1/10 of the US rate? It's not that easy.
Capital punishment has very little (nothing) to do with incarceration rates or prison overcrowding.
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Post by johnbgraf on Dec 1, 2005 2:40:00 GMT -6
If its not because of the Anti position,then why the over crowding and why is there so much time spent on death row?It is obivious that the DP process and executions need to be done
a more proficient manner.
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Post by chazz on Dec 4, 2005 7:42:31 GMT -6
That's incorrect. "Capital murder" is too rare to play a major role in incarceration rates. Example: No country incarcerates more people than the US. On December 31, 2004, 2,135,901 prisoners (729/100,000 people) were held in Federal or State prisons or in local jails (Bureau of Justice Statistics). Is that because of an anti DP policy? Hardly. On March 31, 2005, there were 62,361 prisoners in DP-free Germany (75/100,000 people) (Statistisches Bundesamt). Why just 1/10 of the US rate? It's not that easy. Capital punishment has very little (nothing) to do with incarceration rates or prison overcrowding. I am led to believe that the high crime rate, including that of Murder, in the US can be attributed to the Second Amendment, attitudes of Americans towards guns and issues developing therefrom. Chazz |
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Post by chazz on Dec 4, 2005 7:43:48 GMT -6
Hi little: I don't handle capital cases. This case that I have up in the 11th is an ERISA case. However, when it comes to capital cases, is actually worse. One of my friends is handling 2 capital cases and the first one he filed was decided by the 11th in 18 months! The volume is simply too much. Love, RED Unfortunately, I've seen DP cases that took almost 5 years to get through their direct appeal in a state supreme court. So depending on your perspective, 14 months could seem like "justice expedited." It all depends on what court/jurisdiction you are talking about. Nevertheless, going back to Red's 14 plus months in a circuit court of appeals---there is simply NO excuse for a federal court to take that long. Even if the respondent state does not qualify for the super-expedited terms of the AEDPA, there is still no reason for it to take more than a year. Sounds like your circuit judges need to break out their copy of the AEDPA and read up on the part where Congress amended the law so that the federal courts could give top priority to moving habeas petitions from state DP cases more quickly through the federal system (petitions filed pursuant to 28 USC ยง2254). For state or defendant? Chazz |
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Post by RickZ on Dec 4, 2005 9:11:21 GMT -6
I am led to believe that the high crime rate, including that of Murder, in the US can be attributed to the Second Amendment, attitudes of Americans towards guns and issues developing therefrom. The Second Amendment is not the contributing factor. I would say that a hefty percentage of crime is committed by irresponsbile people with illegal firearms, not with responsibly owned legal ones. What you are saying in akin to saying all drivers are bad because irresponsible drunk drivers are bad. It's false logic. |
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Post by josephdphillips on Dec 4, 2005 12:30:03 GMT -6
I am led to believe that the high crime rate, including that of Murder, in the US can be attributed to the Second Amendment, attitudes of Americans towards guns and issues developing therefrom. More of this socialist nonsense. Criminals don't need guns to commit murder. They do it every day within the walls of state and federal penitentiaries, where firearms are strictly forbidden. |
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Post by californian on Dec 24, 2005 18:39:14 GMT -6
Yes. That's part of the problem. Love, RED Red, Thanks for that. Other issues contributing to the problem of delays? Guru. One other problem is that it often takes several years to "settle the record," the transcript of the trial, which is necessary before appellate review begins. |
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Post by johnbgraf on Jan 1, 2006 23:40:05 GMT -6
I am led to believe that the high crime rate, including that of Murder, in the US can be attributed to the Second Amendment, attitudes of Americans towards guns and issues developing therefrom. More of this socialist nonsense. Criminals don't need guns to commit murder. They do it every day within the walls of state and federal penitentiaries, where firearms are strictly forbidden. Good point Joseph.Its just so typical for people to blame everything but the criminal.Anti's are good at making excuses and trying to divert the real issue. There is over crowding in the prisons because criminals don't care,thats what makes them criminals.If the laws that are suppose to punish criminals are not severe enough,then its just going to keep getting over crowded. Lets speed up the process for Capital Punishment and make somemore rooms for the rest of the new murderers,and get the wheels of justice rolling. |
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Post by mel77 on Jan 2, 2006 13:59:38 GMT -6
john, noone is blaming the guns. Of course people kill people.
However it is also legitimate to wonder whether the huge number of firearms among the american population in any way correlates with the high murder rate.
If more people leave their wallets lying around, there will be more stolen.
that doesnt mean that it's the wallet-owners fault.
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Post by johnbgraf on Jan 3, 2006 20:33:38 GMT -6
john, noone is blaming the guns. Of course people kill people. However it is also legitimate to wonder whether the huge number of firearms among the american population in any way correlates with the high murder rate. If more people leave their wallets lying around, there will be more stolen. that doesnt mean that it's the wallet-owners fault. Mell77,and locks are put on doors to keep honest people out.The root of the issue is that if a person wants to murder,steal,rape,etc. they will regardless of whether society has made it easy for them or not. You see breaking the law is done by law breakers. Good people see a lock on the door don't open it. A thief sees a lock and wants to break in. |
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