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Why is she trying to legislate from the bench?

Posted on: May 23, 2022 at 14:41:09 CT
Spanky KU
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Federal law is clear on this

The federal Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. ยง 2254(e)(2), prevents a federal court from considering evidence during a habeas hearing that was not part of the state-court record if the defendant or defendant's attorney did not establish the claim's factual basis in state court.
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SCOTUS lets sh*tty lawyers off the hook. - hefeweizen MU - 5/23 13:29:12
     Agree. (nm) - DC Jayhawk KU - 5/23 15:45:30
          Explain why? - Spanky KU - 5/23 16:44:01
     My fix for any ineffective counsel claims - BigDave MU - 5/23 15:40:54
     Sotomayor wrote scathing dissent, which was on point. nm - SparkyStalcup MU - 5/23 14:32:26
          She was wrong...they have constitutional protection if - Logan BAMA - 5/23 15:19:43
          She's a wise latina - tigerfans3 MSSU - 5/23 15:11:29
          Why is she trying to legislate from the bench? - Spanky KU - 5/23 14:41:09
               You mean why is she trying to protect the defendant's 6th - SparkyStalcup MU - 5/23 14:43:20
                    It's nice she's concerned for the criminals. Not the kids. - RHAYWORTH MU - 5/23 16:10:49
                         That's not even remotely a fair comment - Mormad MU - 5/23 16:22:08
                              They got fair trials - Spanky KU - 5/23 16:51:08
                                   Allowing appeal, on bad attorneys for appeal, endless stall - RHAYWORTH MU - 5/23 17:08:46
                              No, it's fair and accurate. - RHAYWORTH MU - 5/23 16:35:57
                    Nope. Why is she legislating from the bench?(nm) - Spanky KU - 5/23 14:46:52
                         She isn't. She's trying to protect the defendant's 6th - SparkyStalcup MU - 5/23 14:50:12
                              They are protected under the 6th. Doesn't apply to this - Logan BAMA - 5/23 15:31:56
                              Read the 6th again.... - Spanky KU - 5/23 15:18:07
                                   That only says to have "the assistance of counsel" - Mormad MU - 5/23 15:42:13
                                        and there is no guarantee of counsel for an appeal. - Spanky KU - 5/23 15:48:53
                              She's proving when you choose a girl cause she's hispanic - tigerfans3 MSSU - 5/23 15:13:24
          Lol it was her typical water head appeal to emotion - Ragnar Danneskjold MU - 5/23 14:40:05
               ouch. that made me wince. - RHAYWORTH MU - 5/23 15:12:02
               The "wise Latina"? (nm) - JeffB MU - 5/23 14:42:04
     Nope. SCOTUS followed the law - Spanky KU - 5/23 13:57:40
          I would be open to 'fixing' the law if necessary. (nm) - JeffB MU - 5/23 14:15:35
               Appeal to the state court and then the federal appeal could - Spanky KU - 5/23 14:30:51
                    I agree they upheld the law - cnk ATL - 5/23 15:50:55
                         appeal to the state courts(nm) - Spanky KU - 5/23 15:58:08
                              I was under the impression he was out of appeals(nm) - cnk ATL - 5/23 16:04:12
                    Would you consider that malpractice on the part of that atty - JeffB MU - 5/23 14:41:03
                         I would consider it malpractice on part of the appeals - Spanky KU - 5/23 15:25:46
                              What would the penalty be for such malpractice? (nm) - JeffB MU - 5/23 15:30:52
                                   Fire the attorney and get a new one. - Spanky KU - 5/23 15:34:58
                                        No penalty for incompetence of attorneys, then? - JeffB MU - 5/23 15:37:51
                                             He was already convicted and on death row when he - Spanky KU - 5/23 15:48:00
     my plan for death row inmates when I become POTUS - Joeboo MU - 5/23 13:36:49
          Just curious, what altitude do you think is effective? - tigerfans3 MSSU - 5/23 15:16:38
          You misspelled - Rabbit Test MU - 5/23 14:21:35
          $10 is like 50 grand in Chile(nm) - cnk ATL - 5/23 13:39:32
               yeah, I'd just stay down there and become an oligarch. - dangertim MU - 5/23 13:42:01




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