Posted on 06/30/2009 8:22:56 PM PDT by RobinMasters
The nomination by President Obama of 2nd Circuit Court Judge Sonia Sotomayor to the U.S. Supreme Court is more than alarming to an innocent man who was convicted of murder and spent 16 years in prison before being cleared and released.
Jeff Deskovic, whose pursuit of freedom has been chronicled by the New York Times and others, told WND that the last six of those years are directly attributable to decisions endorsed by Sotomayor.
"I'm very alarmed," he said. "The rest of my life, as a result of my ordeal, is dedicated to preventing this from happening to other people."
Sotomayor in her 2nd Circuit position repeatedly put "procedure over innocence" and rejected appeals that could have provided Deskovic with his freedom much earlier than it actually happened, he told WND.
He blames the prosecutors and others in his original case for getting his conviction and sentence, but he blames Sotomayor – and the other judge on the 2nd Circuit panel – for the last six years he remained in prison.
(Excerpt) Read more at wnd.com ...
BITCH!
More Sotomeyer “justice” against innocent white males.
The virulent white-hating Obama had to look long and hard to find someone as racist as himself or his “Reverend” Wright.
The list, ping
Don't get me wrong: Sotomayor is a joke, her rulings are the punchline, but if everyone would please remember this attitude about Constitutional rights and Innocence over Procedure, when we are talking about Miranda rights or other "technicalities" I would appreciate it. ;-)
Sotomayor is not being appointed to uphold justice, she is being appointed to support a marxist takeover.
Piece of cake. You're a racist!
See how easy that was?
Can’t lay this at Sotomayer’s door. The video makes clear that many are foreclosed from appeal due to time lapse.
Jeff Deskovic is a Muslim prison convert who may have a different agenda in this matter. He is being supported by the Hudson Valley Islamic Community Center.
http://www.lohud.com/apps/pbcs.dll/article?AID=/20070920/NEWS02/709200378
The stories about her keep getting worse. Aren’t their sane thinking people that have the power to stop this stop this?
No doubt lawyers and judges don't see how totally strange that is, but there you have it.
The "rights" existed before the Constitution, and before the government ~ and they exist whether the cops chant them in the precise sequence or simply mumble them out or don't say a thing.
The first judge who decided he could let a criminal go free simply because the chant was performed in the wrong key or sequence converted this country from a place of civilization to an outpost of Ba'al worship.
“...amazed that MOST of the time FR would be howling about how “technicalities” shouldn’t release “guilty” men.”
I think what you are overlooking is that she and the administration have touted her as amazingly compassionate who would look beyond “technicalities.” Here, notably in the case of a white male, she has not.
FReepers are not changing their positions. The judge has and is caught in the duplicity of her statements and her actions.
From the WND article:
“According to reports, his lawyer asked a court clerk about the deadline and was told it had to be mailed by that date. Wrong. The court rules required delivery by that date.”
Seems to me (stipulated that the reports are true) that the lawyer indeed followed the Procedure:
(a) the court clerk is (at least constructively by virtue of the position, if not in fact) rightly seen as an authoritative source for procedural information;
(b) the court clerk had an obligation to provide accurate procedural information; and
(c) the lawyer had a right to rely on the court clerk for accurate procedural information and followed said information as provided.
Ergo, an excusable error (based on court clerk’s information, not act of omission or commission by plaintiff’s counsel) for which the learned judge should have granted some allowance.
just sayin’...
I once wrote a law review article entitled: “Procedural Ambush; The death of Justice” in which I detailed the common practice of the Attorney General’s office in the state where I practiced in snaring cases in procedural traps to avoid dealing with the merits of many cases. Please don’t take anything I’m saying to be that I disagree with any of this. I was just publicly flogged in another thread over “technicalities.”
Not taken that way at all...I agree that she took the easy way out rather than address the facts and merits of the case. Seems to be a pattern here, given Ricci.
So much for "empathy", eh?
That's your administrative due process in all too many cases.
There are federal judges who lay awake nights praying that the next hundred potential litigants will have failed to exhaust administrative due process so they can summarily reject their cases.
This stuff goes on all the time ~ used to drive me nuts and then I discovered the secret ~ CHANGE THE DUE DATES!!
Got all the financially related appeals changed from "appeal within 15 days" to "appeal within 30 days" and they virtually dried up!
But he is a "white" non Hispanic guy and thus empathy is irrelevant and "justice" does not apply because he is guilty of the sins of the Euro-white race. Sotomayor's empathy precludes mercy for a factually innocent "white guy."
Not a hill I'd choose to die on.
http://wcbstv.com/topstories/Jeff.Deskovic.Angela.2.238207.html
If I remember my jurisprudence correctly, a convict in Florida (acting as his own attorney) wrote a VERY non-procedural letter to SCOTUS - his name was Clarence Earl Gideon ...
Gideon argued that he should have been entitled to a court-appointed attorney, something Florida did not allow in 1963 for non-capital offenses.
SCOTUS appointed Abe Fortas (future SCOTUS justice) to represent Gideon ... result? ... 9-0 slam dunk for Gideon.
Gideon was given a new trial WITH a court-appointed attorney AND he was acquitted.
The following is a quote from RFK ...
“If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell . . . to write a letter to the Supreme Court . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed.”
PROCEDURE OVER INNOCENCE BE DAMNED !!!
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