jbpro
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Member of the Month - 3/09
Posts: 294
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Post by jbpro on Mar 5, 2006 23:35:02 GMT -6
If the 11th Circuit court of appeals affirms a death row inmates appeal and remands it back to a Federal district court, as in Bradleys case. Does that mean if another inmates appeal is for the same thing as Bradleys, does that mean they will affirm this inmates also? also if they do not affirm the last inmates appeal, will it void Bradleys appeal. The reason I ask is we are awaiting an appeal decision by the 11 circuit to see if Darrell Grayson (AL DR inmate) The A.G.s office says it will affect Bradleys case but I was wondering if anyone here might know.
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Deleted
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Post by Deleted on Mar 5, 2006 23:37:35 GMT -6
If the 11th Circuit court of appeals affirms a death row inmates appeal and remands it back to a Federal district court, as in Bradleys case. Does that mean if another inmates appeal is for the same thing as Bradleys, does that mean they will affirm this inmates also? also if they do not affirm the last inmates appeal, will it void Bradleys appeal. The reason I ask is we are awaiting an appeal decision by the 11 circuit to see if Darrell Grayson (AL DR inmate) The A.G.s office says it will affect Bradleys case but I was wondering if anyone here might know. PM Anony+ to make sure she sees this thread. She will help if she can. |
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Post by Anony+ on Mar 6, 2006 6:40:28 GMT -6
If the 11th Circuit court of appeals affirms a death row inmates appeal and remands it back to a Federal district court, as in Bradleys case. Does that mean if another inmates appeal is for the same thing as Bradleys, does that mean they will affirm this inmates also? also if they do not affirm the last inmates appeal, will it void Bradleys appeal. The reason I ask is we are awaiting an appeal decision by the 11 circuit to see if Darrell Grayson (AL DR inmate) The A.G.s office says it will affect Bradleys case but I was wondering if anyone here might know. Generally speaking, if the 11th circuit makes a decision on an issue, and they're faced with the same issue in a future case, they will rule the same way. It's the concept of precedent. BUT, there are times when they can change their decision. Like if the US Supreme Court has come down with a decision in the meantime that affects the 11th Circuit's earlier decision. Then they might change their precedent and say their earlier decision was wrong. It doesn't happen frequently, but it does happen. If they do change their decision, it depends what the issue was whether it will have retroactive application to cases that already had that issue decided. When I get some time later, I'll try to look up both cases to see if I can figure out exactly what the issue is (or you can PM me if you know it) and let you know exactly what I think in your particular case. Allison |
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Post by Anony+ on Mar 6, 2006 13:52:52 GMT -6
When I get some time later, I'll try to look up both cases to see if I can figure out exactly what the issue is (or you can PM me if you know it) and let you know exactly what I think in your particular case. Allison Ok, I can't figure it out on my own. There have probably been rulings that haven't been published yet. Can you give me some more info? Or do you want me to call the AG to find out and then explain it better? Allison |
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