March 29, 2010
Despite three strikes against prosecutors, prosecution of alleged murderer still not out
With my sports brain now turning from March Madness to Opening Day, I could not help but think of a sports metaphor to describe this morning's ruling in the Sixth Circuit habeas case of Girts v. Yanai, No. 08-4592 (6th Cir. Mar. 29, 2010) (available here). Here is how the the opinion starts:
Petitioner Roberts Girts appeals the district court’s decision not to bar a pending third trial following the state’s failure to retry Petitioner within the time provided by this Court’s conditional grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has twice been convicted of the 1992 murder of his wife. Both convictions were subsequently overturned based on prosecutorial misconduct. The first conviction was overturned by the state court on direct appeal. The second conviction was overturned by this Court in Girts v. Yanai, 501 F.3d 743 (6th Cir. 2007). In that decision, Petitioner was granted a conditional writ of habeas corpus calling for the release of Petitioner from custody if he was not tried within 180 days. Girts was not tried within 180 days but was released and has subsequently been rearrested for the same murder. He argues on appeal that a third trial should be barred. For the following reasons, the district court’s decision not to bar retrial is AFFIRMED.
March 29, 2010 at 11:33 AM | Permalink
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Good strikes. Thanks for your info.
Posted by: alexiaalexis | Mar 30, 2010 6:08:16 AM
all i can say is what a CROCK! just shows that what millions are sayijng about our govt is true.
"They are allowed to lie, cheat, steal, fake evidence, WHATEVER IT TAKES to win!"
with no penalty attached.
But let any normal CITIZEN do any one of those things even by mistake and they are GONE
Posted by: rodsmith | Mar 30, 2010 1:25:21 PM
In theory, at least, he can still make a due process challenge in state court to bar the prosecution on grounds of previous prosecutorial misconduct...
good luck with that.
Posted by: Anon | Mar 31, 2010 11:39:43 AM
cute anon. now me. from where i sit he's in prison ILEGALLY and has every LEGAL right to get out anyway he can and if anyone gets hurt or killed in doing it. OH WELL. they are helping holding him ilegally. criminals get hurt!
Posted by: rodsmith | Mar 31, 2010 11:52:40 AM