tag:blogger.com,1999:blog-6314891743204395487.post3313425217401171315..comments2024-02-05T03:41:13.688+01:00Comments on Mikeb302000: No New Trial for Charles Dean HoodAnonymoushttp://www.blogger.com/profile/09806175370305006933noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6314891743204395487.post-58017213357233524032009-09-18T15:39:25.882+02:002009-09-18T15:39:25.882+02:00Let's not forget this obvious problem with the...Let's not forget this obvious problem with the Court's ruling: they ruled against the defense because the defense didn't make an issue earlier out of the secret affair between the judge and the DA? The affair that the judge and the DA hid? Denied, even? Seems a little harsh to expect the defense to make an issue out of a conflict the defense has no way of proving.<br /><br />Now that the judge and prosecutor have finally admitted the affair, the court is playing a game by telling the defense it's way too late. The defense has been trying to pursue this for years.Shttps://www.blogger.com/profile/12429147325673256508noreply@blogger.comtag:blogger.com,1999:blog-6314891743204395487.post-6102320418864997262009-09-18T03:32:05.700+02:002009-09-18T03:32:05.700+02:00Sorry, Mikeb--I'm going to have to traumatize ...Sorry, Mikeb--I'm going to have to traumatize us both a bit more, and expand on the excellent point you made:<br><br><i>Does it mean that if they had raised this objection in the first appeal, a new trial would be allowed? Sounds like the Lone Star State is getting off on a technicality.</i><br><br>Taken further, if having raised the objection earlier would indeed have made the difference (as the article seems to imply), wouldn't the defense counsel's failure to raise the objection in a timely manner constitute incompetent legal representation? Is that, in itself, not grounds for declaration of mistrial? If not, it would seem to me that Hood's eventual execution will be, at least in part, for the "crime" of not having a good enough legal team. That's not, as far as I know, supposed to be a capital offense.<br><br>If, on the other hand, there is, in the Texas legal code, no concrete, explicitly expressed requirement for the objection to have been raised on the first appeal (and the lack of such an explicitly stated requirement would be the only excuse I can think of for the defense not to have made the objection earlier), it would seem that the appeals court is simply making up the rules on the fly, in furtherance of a predetermined outcome.<br><br>I'm all for law and order, but that means I demand that the prosecution and justice system be held to strict accountability, as well.beowulfhttps://www.blogger.com/profile/10018333747052412839noreply@blogger.comtag:blogger.com,1999:blog-6314891743204395487.post-52755802847021181332009-09-17T10:45:35.079+02:002009-09-17T10:45:35.079+02:00beowulf, You're agreeing with me has thrown me...beowulf, You're agreeing with me has thrown me into a crisis of PTSD. Don't do it too often.Anonymoushttps://www.blogger.com/profile/09806175370305006933noreply@blogger.comtag:blogger.com,1999:blog-6314891743204395487.post-58870896425517676792009-09-17T09:05:06.772+02:002009-09-17T09:05:06.772+02:00I'd say in a death penalty case, no shadow of ...<i>I'd say in a death penalty case, no shadow of impropriety can be allowed.</i><br><br>This time, I have to agree with you, as traumatic as that is (probably for <i>both</i> of us) ;).<br><br>I'm also troubled by <a href="http://www.dgshi.cn/content/200909/163889.html" rel="nofollow">this attempted execution</a>, and the fact that they plan to try again next week.beowulfhttps://www.blogger.com/profile/10018333747052412839noreply@blogger.com