Sentencing Law and Policy: Why is the cert pool so beloved?

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February 6, 2007

Why is the cert pool so beloved?

Tony Mauro has this great new piece at law.com entitled "Alito Recaps First Year on High Court." Among other ground covered is Justice Alito's new affinity for the cert pool and his belief that the Court's docket woes have nothing to do with the pool:

Alito, like many other Court-watchers, has a hard time explaining why the Court is taking and deciding so few cases....

There is one theory about the shrinking docket that Alito rejects completely. Some, including Justice John Paul Stevens, have linked the decrease in the docket to the increased influence law clerks have in screening incoming cases because of the so-called cert pool. With eight of the nine justices — all but Stevens — pooling their clerks for the scrutiny of incoming cases, one clerk ends up summarizing each petition for eight justices. Since clerks are risk-averse by nature, under this theory they have a greater incentive to recommend against granting review, rather than risk urging the Court to take a case that could turn out to be flawed or poorly presented. Over time, the theory goes, this dynamic has resulted in the Court granting review in fewer cases.

"I don't think the cert pool is responsible," Alito says flatly. The clerks make recommendations about what to do with each case, he explains, but the justices decide. "There are plenty of cases where the clerks recommend a grant, and we deny, and plenty where they recommend we deny, and we grant." The pool memos written by individual clerks, Alito says, "convey a way of identifying good candidates for us taking a closer look."

On the overall subject of the clerk pool, Alito has set aside earlier concerns about whether it gave clerks too much power, and now says "my intention is to stay in it. I'm pretty pleased with it." He adds, "It's not perfect, but with the number of petitions we get, it is very valuable." The Court last term received 8,521 petitions, 80 percent of which were on the unpaid docket, filed by prisoners and other indigent parties. Some petitions are easy to identify as cases that should be rejected, and others are clear grants, Alito says. "But when you have a petition that says there is a conflict between these three circuits and four other circuits over this point, someone has to read all those opinions." That is where the cert pool has proven its worth, Alito says.

Justice Alito's final comment is both telling and disappointing, since it highlights that what really makes the pool "very valuable" in his eyes is that it saves the Justices a lot of time. Now, I am all for SCOTUS efficiencies, but shouldn't Justice Alito and the new Chief more rigorously question the costs and benefits of the time-savings and other aspects of the cert pool?

Notably, the growth of the cert pool has not only paralleled the shrinking of the docket, but also the proliferation of long fractured opinions. Perhaps if the Justices spent more time personally reading cert petitions and lower court rulings (and not just summaries from one clerk in the pool), they might directly discover areas of the law in need of extra attention and also might better appreciate the mess they sometimes make by issuing fractured rulings.

Some related posts:

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Comments

Law clerks are indeed influential -- just look at how much influence they have in determining who gets interviewed for next year's clerkships! Why is it that in law, so many important decisions are left to the inexperienced? Just look at law review -- you have law STUDENTS (most about 24 yrs old) deciding what gets published -- and hence, we gets scholarly attention. Can you imagine if the New England Journal of Medicine had medical students making editorial decisions or Science and Nature leaving that to grad students? I think the would be highly criticized and rightly so.

Posted by: Steve | Feb 6, 2007 4:26:01 PM

Notably, the growth of the cert pool has not only paralleled the shrinking of the docket, but also the proliferation of long fractured opinions.

The growth of the cert pool has paralleled a lot of things without necessarily causing them. This reminds me of the rants about Congress doing a lot of its work through committees.

It's not as if justices sit in sealed bubbles and read nothing other than merits briefs and cert pool memos. They know the law, and probably read a good number of lower court opinions from the cert pool.

Justice Alito's final comment is both telling and disappointing, since it highlights that what really makes the pool "very valuable" in his eyes is that it saves the Justices a lot of time.

What other possible reason is there for having a cert pool? It could be that this time saving comes at too much of a cost, and that the optimal solution might be to have 2 or more clerks independently examine each cert petition, or to have the Justices read all of the paid petitions, but with the number of frivolous petitions filed each year, I don't think you'd find much opposition to some kind of an initial screening mechanism for the petitions.

What's unclear to me, and what I think might be worth knowing, is how dismissive the cert pool memos are and to what extent the Justices rely on them. Would you be less concerned if it turned out that cert pool memos favored cert or recommended a closer look more than 10% of the time?

Posted by: | Feb 6, 2007 4:56:43 PM

The article says: "The Court last term received 8,521 petitions, 80 percent of which were on the unpaid docket, filed by prisoners and other indigent parties."

Is there actually a separate docket for IFP cases? As in, a separate track for cert petitions attached to motions for IFP status? If so, that seems grossly unfair. Why should petitions filed by the indigent be treated any differently than petitions filed by the rich? I dare say that most criminal cases involve indigent defendants. Why should those defendants who stumble into rich pro bono law-firm representation be treated differently than pro se defendants or defendants whose attorneys don't or can't agree to foot the bill for the filing?

Attaching any significance to the fact that a petition comes with money attached would be a gross violation of the Court's obligation to do justice for ALL.

Posted by: A | Feb 6, 2007 9:08:48 PM

If I'm not mistaken, a substantial portion of the granted cases come from the IFP docket. (and probably OVER-represented in terms of merit, I'd wager)

Posted by: | Feb 6, 2007 9:58:51 PM

Relax, A, the separate "dockets" are purely administrative. The process for reviewing the petitions is the same substantively. The "paupers" are excused from the requirement to have the petitions printed in the little booklet format, and they get to file fewer copies.

The disadvantage comes not from a separate docket but from the fact that a pro se petitioner may have a good case for certiorari but be unable to articulate it. Of course, paid petitioners with poor lawyers have the same disadvantage. Perfect equality isn't going to happen.

Posted by: Kent Scheidegger | Feb 7, 2007 12:43:19 AM

OK, that makes me feel better.

Posted by: A | Feb 7, 2007 4:26:49 PM

Alito's comments are comforting in my mind.

He identifies the main time savings as determining through careful review if circuit splits really exist. Supergenius law students can do this well.

The implication, backed up by the data, is that much of the deviation where cases are granted in the absence of a split or a clerk recommendation involve "important issues" and that the Justices are paying close attention to the petitions (in summary form) on that score.

Posted by: ohwilleke | Feb 9, 2007 12:28:52 PM

IS THIS REPORTED GAY SANTA MONICA COMMISSIONER JUST ONE BAD EXAMPLE OF A NEW POLICY IN AMERICAN FAMILY COURTS ALL ACROSS AMERICA OF DON'T ASK AND WE WON'T TELL ???

LAWYERS FOR POOR AMERICANS IS VERY CONCERNED ABOUT THE VERY REAL POSSIBILITY THAT COMMISSIONER DAVID J. COWAN OF SANTA MONICA CA COURT HOUSE IS A CLOSET GAY MAN OR FOR THAT MATTER ~ OPEN GAY MAN, THAT HAS SOMEHOW BEEN GIVEN COURT CASES INVOLVING FAMILY CHILD CUSTODY ISSUES AND IS THE NEWEST FACE OF WHAT IS TO COME IN AMERICAN FAMILY COURTS ACROSS AMERICA ?????????????????

MR.DAMON DUVAL AND HIS TWO WONDERFUL CHILDREN (MAYA & JAZZ ) HAVE ALL NOW BEEN KEPT APART FROM ENJOYING EACH OTHERS COMPANY BY COMMISSIONER DAVID J. COWAN SINCE DECENBER 4 2008. FOR SOME VERY UNCLEAR REASONING THIS APPARENT GAY NAPOLEON COMMISSIONER APPEARS TO BE MORE INTERESTED IN MR.DUVALS MENTAL HEALTH STATUS THEN THE LIVE IN BOYFRIEND OF HIS EX WIFE OF THE LAST 2 YRS., WHO HAS BEEN REPORTED TO THE EL SEGUNDO POLICE DEPARTMENT AS HAVING TOUCHED MR. DUVALS LITTLE 3 YR OLD MAYA ON HER PRIVATE PARTS ??

THIS SANTA MONICA COURT COMMISSIONER APPOINTED CHILDREN'S COUNCIL AT MR. DUVALS REQUEST (LAWYER AMY NEIMAN OF SANTA MONICA CA) WHO HAS BEEN MORE INTERESTED IN ACTING AS A MENTAL HEALTH EXPERT( WITHOUT THE QUALIFIED DEGREES ) AND MISLEADING THIS CHILD CUSTODY MATTER INTO GAY NEVER NEVER LAND WITH THIS SANTA MONICA COMMISSIONER FOLLOWING HER FEMALE INTUITION & ADVICE CONCERNING THE MENTAL HELATH STATUS OF MR. DUVAL!

FOR SOMEONE WITHOUT MENAL HEALTH DEGREES TO QUESTION THE PROFESSIONAL JUDGEMENT OF THE MENTAL HEALTH EXPERT WHO HAS ALWAYS STATED CLEARLY TO THE COURT THAT MR. DUVAL IS OF SOUND MIND AND WOULD TESTIFY IN PERSON TO THE COURT CONCERNING THIS FACT, IS ALMOST ANOTHER FUTURE LEGAL CASE FOR LA COUNTY WAITING TO HAPPEN ?

**WE STRONGLY ENCOURAGE THE LA COUNTY COURT SYSTEM TO OPEN A INDEPENDENT INVESTIGATION INTO THE SERIOUS COMPLICATIONS THAT ENCOMPASS THIS POSSIBLE CHILD PEDOPHILE CUSTODY CASE AND HOPE THAT ALL CURRENT COURT APPOINTED LAWYERS WORKING FOR LA COUNTY LIKE AMY NEIMAN ARE ADVISED TO HELP PREVENT CLASS ACTION LAWSUITS RATHER THEN CREATING ONE IN THE FUTURE !

LAWYERS FOR POOR AMERICANS WILL CONTINUE WRITING ABOUT THIS SPECIFIC LEGAL CASE ON THE WWW UNTIL A PROPER OUTSIDE INVESTIGATION OF THESE PEDOPHILE CHARGES HAS BEEN PROPERLY ANSWERED !!!

LAWYERS FOR POOR AMERICANS HAS A VERY DIFFICULT TIME WITH ANY RESULTS THAT COME FROM THE EL SEGUNDO POLICE CONCERNING THIS INVESTIGATION DUE TO THE CLOSE RELATIONSHIP OF MR. DUVALS FORMER WIFES CURRENT DIVORCE ATTORNEY (MR.ROY KIGHT )HAVING HAD HIS LAW OFFICE SITUATED IN EL SEGUNDO FOR THE LAST 20 YRS.+ , AND HAVING GOOD FRIENDS IN EL SEGUNDO TO DO HIM CERTAIN FAVORS WHEN NEEDED !!!

~ A SIX MONTH RESTRAINING ORDER THAT BEGAN THIS CHILD CUSTODY SEPERATION OF MR. DUVAL AND HIS CHILDREN WAS BASED ON A EL SEGUNDO REPORT THAT MR. DUVAL SAYS WAS CLEARLY FABRICATED ABOUT HIM TO MAKE HIM LOOK BAD TO THIS PRESIDING JUDGE ~

*** ISN'T IT A LITTLE ODD THAT THIS EL SEGUNDO LAWYER MR.ROY KIGHT WAS ABLE TO PREDICT 22 MONTHS AHEAD OF TIME BY TELLING MR. DUVAL OUTSIDE A SANTA MONICA COURT~ ROOM THAT HE WAS "GOING TO TAKE AWAY ALL HIS CHILD VISITATION AWAY BETWEEN HIM AND HIS CHILDREN AND THAT THIS IS A POKER GAME FELLA AND ARE YOU READY TO PLAY " ***

NO MR. DEVALS MENTAL HEALTH IS NOT THE ISSUE IN THIS LEGAL CASE, THE REAL ISSUE HERE IS DID THIS DIVORCE LAWYER ROY KIGHT SET MR. DUVAL UP WITH GAINING FALSE TESTIMONY IN EL SEGUNDO CA AND INFLUENCE THE EL SEGUNDO PEDOPHILE INVESTIGATION OF HIS 3YR, OLD DAUGHTER ???

ATTORNEY ROY KIGHT IS ON THE RECORD AS HAVING PREVIOUSLY THREATENED MR. DUVAL OUTSIDE THE SANTA MONICA COURT ROOM AND WE FEEL MIGHT ALSO BE SO CAUGHT UP IN THIS CUSTODY BATTLE AND THAT HE MIGHT HAVE HAD WAY TOO MUCH INFLUENCE AND INTEREST WITH THE PEDOPHILE INVESTIGATION THAT NEVER TOOK PLACE ????????????????

LAWYERS FOR POOR AMERICANS WOULD BE VERY INTERESTED IF LAWYER ROY KIGHT WOULD ADMIT UNDER OATH (AND SUPPLY INVESTIGATORS HIS PHONE RECORDS) AS TO NOT EVER ATTEMPTING TO INFLUENCE THE FORMER (NOW RETIRED EL SEGUNDO POLICE DETECTIVE MULRONEY CONCERNING THIS PEDOPHILE CRIMINAL LEGAL CASE ???????????????????????????

WE ENCOURAGE EVERYONE INTERESTED IN PREVENTING FAMILY COURT GAY COMMISSIONERS AND JUDGES ACROSS AMERICA FROM CONTINUING TO ALLOW THEIR COURT APPOINTED LAWYERS LIKE (AMY NEIMAN OF SANTA MONICA) TO MISLEAD JUDGES AROUND THE COUNTRY LIKE WHAT HAPPENED IN MR. DUVALS CHILD CUSTODY CASE IN SANTA MONICA CA,TO CALL THEIR GOVERNMENT LEADERS WHO THEY FEEL MIGHT BE ABLE TO HELP MAKE THE NEEDED CHANGES IN THIS LEGAL PROCESS FROM SEPERATING AND DESTROYING OTHER FAMILIES IN OTHER CITIES AND TOWNS ACROSS OUR COUNTRY !!!

***PLEASE ENTER THESE TITLES LISTED BELOW INTO ANY WWW SEARCH ENGINE TO SEE THE FIRST OF MANY WRITTEN ARTICLES CONCERNING MR. DUVAL AND HIS TWO CHILDREN. THE PICTURE OF THIS CARING AND LOVING FATHER WITH HIS TWO BEAUTIFUL CHILDREN IS SPECIAL AND SAYS IT ALL !!!!!!!!!!!!!!

1) SANTA MONICA SCANDAL CREATED BY THE U.S. CONGRESS ~
2) PRESIDENT OBAMA YOU TUBES 4 U.S KIDS !!!
3) AMERICAN DIVORCE COURTS NEED A GIDEON FROM U.S.SUPREME COURT !!!

LAINDYMEDIA.ORG HAD THIS VERY SPECIAL PICTURE FEATURED WITH THE ARTICLES ! WE ALSO ENCOURAGE ANYONE INTERESTED TO ALSO WATCH THE VIDEOS MR. DEVAL HAS OF HIM SPENDING YEARS OF TIME BEING TOGETHER WITH HIS KIDS AT VARIOUS LOCATIONS (beach,hikes in Santa Monica Mountains,riding scooters in parks,etc on ~
BIGDADDYMAYAANDJAZZ.COM OR AT THE END OF PREVIOUS ARTICLES UNDER VIDEOS .....

LAWYERS FOR POOR AMERICANS IS A WWW LOBBY GROUP MADE UP OF VOLUNTEERS WHO CONTINUE TO LOBBY AROUND THE WORLD ON THE WWW FOR MIDDLE CLASS AND WORKING POOR AMERICANS TO ALL BE AFFORDED PROPER LEGAL REPRESENTATION BY OUR U.S. CONGRESS IN CIVIL, CRIMINAL AND FAMILY COURTS OF LAW NATIONWIDE.

JUST ENTER LAWYERS FOR POOR AMERICANS OR OUR PHONE NUMBER INTO ANY WWW SEARCH ENGINE TO READ PREVIOUS ARTICLES FROM AROUND THE WORLD !
[email protected] (424-247-2013)

WE ALSO WANT TO GIVE YOU ANOTHER SMALL SAMPLE OF OTHER WRITTEN ARTICLES THAT LAWYERS FOR POOR AMERICANS HAS PUBLISHED ON THE WWW.

1) TROY DAVIS,PLEASE REMEMBER THAT AMERICA IS NOT THE OLD SOUTH ~ AFRICA !!!

2) MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM !

3) REV RICK WARREN, THESE REALLY ARE CRIMES AGAINST HUMNITY ISSUES !!

4) ARE THEY KINGS OF SLAVES OR THE U.S. CONGRESS ??

5) PRINCE CHARLES, PLEASE REMEMBER THAT IRAN GAVE U.S. JOURNALIST ROXANA A FAIR TRIAL !!!

6) INTERNATIONAL PROTEST WITH GOOGLE NEWS STORY NEEDS YOUR SUPPORT TO SAVE 2 AMERICANS !!!

7) DOES OPRAH CONDONE THIS INJUSTICE ???

8) INNOCENT AMERICANS ARE DENIED HC RIGHTS WITH THEIR FEDERAL APPEALS !!

9) U.S. JUDICIAL SYSTEM IS IN NEED OF BILLIONS IN BAILOUT FROM IVORY TOWER U.S. CONGRESS !

10) WHEN THE INNOCENT ARE ABANDONED BY THE GUILTY !!

11) PRESIDENT OBAMA DID NOT CREATE THIS MESS, BUT LETS ALL SAY A PRAYER FOR HIS SUCCESS !!!

12) ACTOR CHRIS NOTH AND MARK BURK SLANDERED BY MODEL BEVERLY JOHNSON !!

13) POORER AMERICAN S NEEDS WORLDS COURT HELP !

14) WILL THE ROYAL FAMILY NOW HELP PRESIDENT OBAMA FREE THEM ?

15) U.S.CONGRESS DECADES OF NEGLECT & ABUSE OF POORER AMERICANS ~ A SAD AND TRAGIC REALITY !!!

16) AND GEORGIA WANTS TO EXECUTE TROY DAVIS ???

17) IS NELSON MANDELA NEEDED IN AMERICA TO CORRECT THIS INJUSTICE ???

18) THIS SUPREME COURT KNEW REAL JUSTICE ?

19) 100,000 INNOCENT U.S. PRISON INMATES HAVE BEEN WRITTEN OFF BY OUR GOVERNMENT !!!

20) WORLD COURT FINDS CRIMES AGAINST HUMANITY IN USA !!!

21) WHY DO POORER AMERICANS NEED GOD TO LOBBY OUR U.S. CONGRESS SENATOR OBAMA ???

22) WHERE ARE AMERICAS RELIGIOUS LEADERS WHEN IT BECOMES THIS EASY TO EXECUTE EVEN INNOCENT AMERICANS ???

23) MIDDLE CLASS AND WORKING POOR AMERICANS HAVE BEEN PORTRAYED BY RICH AMERICA !!!

24) AMERICAS JUDICIAL SYSTEM NEEDS C*H*A*N*G*E...

25) WILL THE POPE NOW SPEAK OUT ABOUT THESE AMERICAN INJUSTICES ???

26) WHEN GODS FACE BECAME VERY RED !!!

27) ARE AMERICAS RELIGIOUS LEADERS BEING SILENCED ?

28) IS THE U.S.GUILTY OF CRIMES AGAINST HUMANITY ??

29) THANK GOD PRESIDENT OBAMA RESPECTS OUR POORER AMERICANS !!!

30) U.S.CHIEF JUSTICE JOHN ROBERTS HAD TO BEG U.$ CONGRE$$ ...

31) GOD AND PRESIDENT OBAMA ARE WALKING HAND IN HAND ON THIS ONE !!!

By LAWYERS FOR POOR AMERICANS
[email protected] 424-247-2013
------------------------------------------------------------------------------

DouglasField

THIS SANTA MONICA COMMISSIONER DOES NOT BELONG IN FAMILY COURT ANYWHERE IN AMERICA !!!

ALL OUR READERS ARE ENTITLED TO KNOW THAT MR. DUVAL HAS BEEN PICKETING IN FRONT OF THE SANTA MONICA COURTHOUSE NOW FOR 21 WEEKS MONDAY - FRIDAY FROM 9AM TO CLOSING AT 4:30 PM !

LAWYERS FOR POOR AMERICANS IS IN TOTAL DISBELIEF THAT COMMISSIONER DAVID COWAN WOULD EVER THINK THAT HE IS EVEN CAPABLE SOMEHOW OF EVER BEING A FAMILY COURT JUDGE IN THE FUTURE IN SANTA MONICA WITH THIS BIASED JUDICIAL MENTALITY TOWARDS STRAIGHT MEN WITH THEIR CHILDREN !

IT IS OBVIOUS TO ANY HONEST PERSON VIEWING THIS LEAGL HORROR STORY THAT COMMISSIONER COWAN HAS DONE EVERYTHING IN HIS POWER TO DESTROY THE LOVING RELATIONSHIP MR. DUVAL HAS HAD WITH HIS TWO CHILDREN AND I WOULD DARE SAY THAT THIS COMMISSIONER COWAN WOULD BE WELCOME TO SIT IN ANY COURTHOUSE IN FAMILY COURT WITH MEAN SPIRITED CALLOUS DECISIONS AS THESE PORTRAYED IN THE DUVAL LEGAL CASE !!!!

**LAST MONDAY THIS SO CALLED GAY COMMISSIONER, AGAIN CONTINUED HIS CALLOUS DECISION MAKING IN THE DUVAL LEGAL CASE BY TURNING DOWN MR. DUVALS (AND ANY LOVING FATHERS NORMAL REQUEST) TO BE WITH HIS KIDS ON FATHERS DAY !

MR. DUVAL IS SUPPOSE TO ONLY GET 10 MINUTE PHONE CALLS EVERY NIGHT WITH HIS TWO KIDS (IF THE EX WIFE DECIDES TO EVEN PICK UP THE PHONE ?)

COMMISSIONER COWAN HAS ISOLATED TWO BEAUTIFUL CHILDREN FROM A LOVING FATHER WHO HAS SPENT YEARS HAVING FUN AT THE BEACH,HIKING IN THE SANTA MONICA MOUNTAINS, RIDING SCOOTERS ALL OVER VENICE BEACH ETC...WITH HIS KIDS ???

*** PLEASE VISIT MR. DUVALS WEB SITE
BIGDADDYJAZZANDMAYA.COM TO SEE THE VIDEOS OF DAMON DUVAL WITH HIS KIDS AT THE LOCAL POOL, IN THE SCHOOLS ON SPECIAL EVENTS ..ETC

MR. DUVAL HAS SPENT YEARS ENJOYING AND LOVING HIS TWO CHILDREN TO HAVE THIS ONE MAN CONTINUE IN HIS VICIOUS ATTEMPTS TO DESTROY THE LOVING BOND HE HAS HAD WITH BOTH CHILDREN.

LAWYERS FOR POOR AMRICANS HAS INFORMED MR. DUVAL THAT WE WILL CONTINUE TO FIGHT FOR HIS GOD GIVEN RIGHT TO CONTINUE BEING THE LOVING FATHER TO BOTH LITTLE MAYA AND JAZZ !!!

SANTA MONICA COURT HOUSE HAS NOW BECOME A FUTURE BATTLE~ GROUND LOCATION FOR STRAIGHT FAMILIES IN AMERICA TO DEMAND TO HAVE THEIR COMMISSIONERS AND JUDGES NOT BE CLOSET GAYS OR OPEN GAYS DECIDING CHILD CUSTODY MATTERS !!!

THANK YOU COMMISSIONER COWAN FOR DEMONSTARTING TO STRAIGHT AMERICA THAT BIASED GAY MEN LIKE YOURSELF DO NOT RESPECT TRADITIONAL FAMILY VALUES AND SHOULD NEVER EVER BE IN FAMILY COURT OR EVER GIVEN CHILD CUSTODY LEGAL CASES !!!

Posted by: LAWYERS FOR POOR AMERICANS | Jun 11, 2009 1:19:07 AM

ARCHBISHOP JOSE GOMEZ GOT SUCKER~PUNCHED BY TEXAS GOVERNOR RICK PERRY & SATAN BY ALLOWING HIMSELF TO BE SNARED INTO A PHONY MEETING (PRESS FORUM) WHICH WAS THEN RELEASED TO ALL U.S. AND FOREIGN MEDIA OUTLETS TO MISLEAD TEXAS CATHOLIC VOTERS AND THE AMERICAN PUBLIC AT LARGE INTO BELIEVING THAT THE VATICAN & U.S. CATHOLIC CHURCH SOMEHOW CONDONE THEIR DEMONIC DEATH~ROW EXECUTION POLICIES !!!

* NO RELIGION OR RELIGIOUS LEADER IN AMERICA CONDONES THESE STATE SANCTIONED MURDERS IN
* GOVERNOR RICK PERRY'S TEXAS PRISONS !

POORER AMERICANS ~ U.S.RELIGIOUS LEADERS & BEYOND ARE ALL BECOMING WELL AWARE OF THESE DEMONIC ACTS IN GOVERNOR RICK PERRYS TEXAS PRISONS !!!

SATAN & TEXAS GOVERNOR RICK PERRY NOW ATTEMPT TO INVOLVE THE CATHOLIC CHURCH AS POLITICAL COVER WITH THEIR VISIT 2 SAN ANTONIO ARCHBISHOP JOSE GOMEZ ??

~ DEAR POPE ~

EVERYONE IN THE WORLD IS WELL AWARE OF THE CATHOLIC CHURCH RELIGIOUS DOCTRINE THAT SPEAKS OUT AGAINST EXECUTIONS.

**PLEASE ALSO BE AWARE THAT IF EXECUTIONS ARE TO EVER BE ABATED HERE IN AMERICA,CATHOLIC LEADERS SUCH AS ARCHBISHOP JOSE GOMEZ HAVE TO BE BETTER INFORMED ABOUT THOSE IN POWER WITH LIFE AND DEATH DECISIONS IN OUR AMERICAN GOVERNMENT (SUCH AS GOVERNOR RICK PERRY OF TEXAS) WHO ARE ALLOWING EXECUTIONS OF EVEN THE POSSIBLE INNOCENT FOR THEIR OWN POITICAL GAIN **

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

WHEN WILL THE ICC OPEN THEIR INVESTIGATION INTO U.S. TEXAS GOVERNOR RICK PERRY ???

TEXAS GOVERNOR RICK PERRY & SATAN HAVE DRIVEN THEIR HELTER SKELTER DEATH ROW POLICIES 2 U.S.SUPREME COURT & INTERNATIONAL CRIMINAL COURT (ICC) IN A MICHAEL DUKAKIS TANK ?

SATAN & TEXAS GOVERNOR RICK PERRY HAVE BIGGER FUTURE POLITICAL AMBITIONS THEN SAVING A POSSIBLE INNOCENT HANK SKINNER LIFE ?

TOP TEN REASONS WHY TEXAS GOVERNOR RICK PERRY & SATAN ARE DENYING TEXAN HANK SKINNER DNA TESTING PRIOR HIS POSSIBLE WRONGFUL EXECUTION ???

"And ye shall know the truth and the truth shall make you free "

BEHOLD SARAH PALIN FANS, SATAN & GOVERNOR RICK PERRY ARE ALREADY DOING EVERYTHING POSSIBLE IN MAKING SURE THAT THEY WILL BE THE ONLY REPUBLICAN 2012 PRESIDENTIAL NOMINEE~S !!!

1) BOTH DO NOT BELIEVE THAT EXECUTING THE POSSIBLE INNOCENT ARE WRONGFUL EXECUTIONS ??
2) BOTH DO NOT VALUE POSSIBLE INNOCENT HUMAN LIFE LIKE OTHERS ~

3) BOTH THINK ONLY GIRLY MEN ASK FOR DNA TESTING BEFORE THEIR POSSIBLE WRONGFUL EXECUTIONS ??

4) BOTH HAVE BIG FUTURE PRESIDENTIAL POLITICAL AMBITIONS AND REALLY NEED THE TEA PARTY BACKERS & NRA MEMBERS TO CARRY IT OFF ?

5) BOTH WANT FINANCIAL POLITICAL SUPPORT $$$ FROM WEALTHY TEXANS WHO DISLIKE THE GUILTY POOR OR EVEN THE INNOCENT POOR IN AMERICA!

6) * IS THE ONLY DEMONIC THING TO DO *

7) BOTH BELIEVE THEIR WRONGFUL DEATH ROW TEXAS PRISON POLICY OF DON'T ASK AND WE WON'T TELL IS PROPER ?

8) BOTH BELIEVE A FEW DEMONIC LIKE MISTAKES HERE OR THERE OF INNOCENT HUMAN LIFE BEING WRONFULLY EXECUTED IS TO BE EXPECTED WITH THEIR TEXAS DEATH ROW EXECUTION POLICIES ...

9) THE DEVIL AND HE BOTH ENJOY DOING IT ?

10) *** NEED THE NATIONAL ATTENTION ON BEING TOUGH ON CRIME BECAUSE THEY ARE SECRETLY PLANNING THEIR JOINT 2012 PRESIDENTIAL ELECTION BID AND HAVE TO TAKE AWAY NATIONAL ATTENTION FROM REPUBLICAN SARAH PALIN ON THIS CRIME ISSUE ***

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

SATAN & TEXAS GOVERNOR RICK PERRY RECEIVE TELEPHONE CALL FROM DR.JACK KEVORKIAN EXPLAINING THE DIFFERENCES BETWEEN EXECUTIONS IN TEXAS & STATE ASSISTED SUICIDES IN OREGON & WASHINGTON !!!

** SATAN & GOVERNOR RICK PERRY OF TEXAS OBVIOUSLY VIEW U.S. HUMAN LIFE DIFFERENTLY THEN RELIGIOUS AMERICANS **

DEAR DR. JACK KEVORKIAN,

TEXAS GOVERNOR RICK PERRY APPEARS TO HAVE ATTEMPTED TO MODEL HIS TEXAS DEATH ROW PRISONS AFTER THE STATES OF WASHINGTON AND OREGON STATE ASSISTED SUICIDE NEWLY ENACTED STATE LEGISLATIVE LAWS !

PLEASE SIR, IF YOU COULD FIND THE TIME TO CALL, INFORM AND EXPLAIN TO GOVERNOR RICK PERRY OF TEXAS THE VARIOUS DIFFERENCES BETWEEN STATE SANCTIONED EXECUTIONS OF POSSIBLE INNOCENT INMATES ON HIS TEXAS DEATH ROW AND THESE WILLING TERMINAL ILL RESIDENTS IN THE GREAT NORTHWEST ???

~ HALF OF AMERICA DOES NOT WANT U.S. EXECUTIONS EVER & THE OTHER HALF ONLY WANTS EXECUTIONS OF THE CONFIRMED GUILTY GOVERNOR PERRY !!!

NOT ONE U.S. RELIGION OR RELIGIOUS LEADER AGREES WITH TEXAS GOVERNOR RICK PERRY EXECUTING EVEN THE POSSIBLE INNOCENT... poor americans ~

** SAVING POSSIBLE INNOCENT U.S. LIVES IS OBVIOUSLY NOT ON SATANS OR TEXAS GOVERNOR RICK PERRYS AGENDA **

* APPARENTLY TEXAS GOVERNOR RICK PERRY NEEDS AMERICANS & U.S.RELIGIOUS LEADERS PRAYERS 4 HIS OWN FREEDOM *

WHILE SATAN & TEXAS GOVERNOR RICK PERRY WERE DENYING HANK SKINNER THE ABILITY TO HAVE HIS DNA TESTED TO PROVE HIS POSSIBLE INNOCENCE BEFORE HIS TEXAS EXECUTION, THE LORD WAS IN OHIO HELPING THESE STATESMEN CREATE THIS FUTURE LEGISLATION TO SAVE INNOCENT HUMAN LIFE !!!

GOD HAS SPOKEN & THESE PRECIOUS STATESMEN FROM OHIO HAVE LISTENED UNLIKE GOVERNOR PERRY OF TEXAS ???

THANK YOU LORD ~ THIS OHIO GOVERNOR OBVIOUSLY HAS YOUR HEAVENLY CONCEPT ON THIS ONE !

THANK YOU GOD FOR ALSO ALLOWING THIS FANTASTIC STAND DOWN TEXAS PROJECT TO CONTINUE BRINGING NEW LIFE TO OUR AMERICAN POOR WHO ARE HAVING CRIMES AGAINST HUMANITY INFLICTED ON THEM ALL ACROSS OUR WONDERFUL AND CHANGING COUNTRY !!!

Wednesday, April 07, 2010
New Ohio DNA Law Called 'Model', 'Best in Nation'
The text of the new law is here; you can also view the fiscal note and bill analyses. Governor Ted Strickland's brief press release is here.

State Senator David Goodman sponsored SB 77, which expands DNA testing for certain convicted felons, eliminates DNA testing for felons who pleaded guilty or no contest, preserves biological evidence in criminal proceeding and improves eyewitness identification procedures.

"This bill updates Ohio's DNA law and will play a significant role in the modernization of Ohio's system of criminal justice," Strickland said. "The new procedures will help improve criminal investigations and save lives."
"Ohio's new DNA law called model," is the Columbus Dispatch report by Jim Siegel.

With the stroke of Gov. Ted Strickland's pen yesterday, experts say Ohio now has some of the best laws in the country to protect the innocent from wrongful convictions and put the right people behind bars.

Strickland, joined by a handful of men who were exonerated after serving years in prison for crimes they did not commit, signed Senate Bill 77. It sets statewide standards for retaining biological evidence, requires the taking of DNA from anyone arrested on a felony charge and requires new procedures for suspect lineups.

"It's a good day for justice and fairness," said Strickland, flanked by Sen. David Goodman, R-New Albany, and Rep. W. Carlton Weddington, D-Columbus.

Goodman introduced the bill after a Dispatch investigation in January 2008 exposed widespread shortcomings in Ohio's DNA law, including the derailing of prisoner DNA tests by systemic indifference or hostility.

Attending the bill-signing were two men freed as a result of the newspaper's series: Robert McClendon of Columbus, who served 18 years for a child rape that DNA testing showed he did not commit; and Joseph Fears Jr. of Columbus, who wrongly served more than 25 years for two Columbus rapes.

Other Ohioans freed in the past decade by DNA evidence - Walter Smith, Clarence Elkins and Danny Brown - also joined the governor.

"I feel very emotional about what we've accomplished today," Goodman said, noting the six-year process of drafting and changing DNA-evidence laws. "It's going to improve the criminal-justice system in so many different ways."

Marc Kovac writes, "DNA collection requirements for criminals, accused OK'd," for the state's News-Leader.

The new law includes provisions concerning the storage and access of DNA samples, providing a mechanism for individuals convicted of crimes to prove their innocence.

It creates a new statewide task force to establish standards for collecting, storing and cataloging biological evidence.

It requires law enforcement to follow certain procedures when conducting live or photo lineups for witnesses to identify potential law breakers.

And it calls for anyone 18 years or older who are arrested on felony charges to submit DNA samples to law enforcement -- something that has prompted concern about civil liberties and government intrusion into citizens' lives.

Strickland downplayed those concerns.

The Cincinnati Business Courier has, "Ohio's new DNA law a model, experts say."

"Ohio is truly the national leader on innocence reforms and will be the role model other states look to as they contemplate similar measures in the coming years," said Mark Godsey, director of the Innocence Project, in the Dispatch report.

Florida's Lakeland Ledger notes the new law with, "Ohio’s DNA law considered best in country," posted by Shoshana Walter.

-Requires DNA samples to be taken from anyone convicted of a felony after July 1, 2011.

-Requires agencies to retain biological evidence for up to 30 years in murder and sexual-assault cases. Five year limit when defendant pleads guilty.

-Allows DNA testing for parolees and anyone in the sex offender registry.

-Requires blind suspect lineups, meaning the officer either doesn’t know the identity of the real suspect or uses a photo-lineup technique in which only the witness can see the photos.

-Provides incentives for investigators to record interrogations.

And:

There are some similarities to some Florida laws already on the books.

In 2006, Florida required DNA evidence to be preserved for anyone who could petition for postconviction DNA testing (that would apply only to those convicted of felonies). My understanding is that before that law went into effect, each court system throughout the state had different policies about when and how evidence got destroyed–many Florida counties simply destroyed DNA evidence that might have led to exonerations.

That wasn’t the case in Polk, though. The Clerk of Court’s office told me that before the 2006 law, Florida’s 10th Judicial Circuit actually saved all evidence in life or death sentence cases.

Earlier this week, Sharon Coolidge wrote, "DNA bill helped by University of Cincinnati students," for the Cincinnati Enquirer.

Watch any crime cop show on TV and DNA evidence likely played a role in capturing the bad guy.

But in real life, lawyers say that evidence isn't always available.
DNA will be more readily available in years to come because a group of University of Cincinnati students helped craft bill that overhauls the state's criminal justice system in an effort to avoid wrongful convictions.

Gov. Ted Strickland is set to sign Senate Bill 77 into law today.The bill creates:

A requirement that DNA be saved in all serious crimes for five years in plea bargain cases and for 30 years, or until a person gets out of prison, if a person is found guilty at trial.

Police incentives for recording interrogations start to finish.

A requirement that police lineups and eyewitness photo identifications be double blind, meaning the officer in charge of the lineup doesn't even know who the suspect is.

An expansion of post-conviction DNA testing to allow convicted felons better access to DNA testing.

A requirement that DNA be taken from people after arrest on felony charges, instead of after conviction as happens now.

The provisions take effect by the end of the year, except for DNA collection after arrest, which is delayed due to the anticipated $1.9 million-per-year cost.

A March 25 Columbus Dispatch article, "Lawmakers OK Ohio DNA bill," reported the new law's legislative passage.

In their final session before heading into an Easter break, Ohio lawmakers moved bills yesterday designed to improve criminal investigations, ban texting while driving and give local law enforcement more power to tackle illegal immigration.

After setting modern records this session for a lack of legislative action, the House and Senate opened the spigot and sent a number of measures to Gov. Ted Strickland, including one that would require the collection of DNA evidence from anyone arrested on a felony charge in Ohio.

Strickland is expected to sign Senate Bill 77, which also opens DNA testing to parolees. The bill also requires blind suspect lineups - where the presiding officer does not know the identity of the true suspect or can't see the picture a witness is viewing - and sets a new 30-year standard for retaining biological evidence in cases of murder and sexual assault.

The limit is five years when a defendant pleads guilty, a House-added provision that bill sponsor Sen. David Goodman, R-New Albany, opposes. "I think it's too short a period of time, and individuals will potentially have some problems down the line," he told the Senate before a final concurrence vote.

But, Goodman added, he agreed to the compromise and said it's "still a very good bill."

Related posts can be found in the DNA, eyewitness identification, and state legislation indexes.

Wednesday, April 07, 2010 at 11:20 AM in DNA, Eyewitness Identification, Forensics, Law Enforcement, State Legislation | Permalink

Technorati Tags: Clarence Elkins, Danny Brown, David Goodman, DNA, exoneration, eyewitness id, eyewitness identification, Florida, Joseph Fears, law enforcement, lineup, Mark Godsey, Ohio, Ohio Legislature, Robert McClendon, SB 77, Senate Bill 77, Ted Strickland, University of Cincinnati, Walter Smith

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CAN ANYONE EXPLAIN OTHER THEN SATAN HOW TEXAS GOVERNOR RICK PERRY ON ONE HAND PARDONS FORMER TEXAS INMATE TIMOTHY COLE WHO WAS WRONGFULLY EXECUTED WITHOUT BEING ALLOWED TO EXONERATE HIMSELF USING DNA TESTING IN TEXAS , AND WITHIN THE SAME MONTH THIS SAME GOVERNOR RICK PERRY OF TEXAS DENIES YET ANOTHER DNA TEST PRIOR ANOTHER POSSIBLE WRONGFUL EXECUTION OF HANK SKINNER ????????
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SATND DOWN TEXAS PROJECT

Friday, April 23, 2010
Cole Advisory Panel Meets
The Timothy Cole Advisory Panel on Wrongful Convictions met yesterday in Austin. Today's Fort Worth Star-Telegram reports, "Timothy Cole panel questions the creation of a Texas innocence commission," written by Dave Montgomery.

An advisory panel bearing the name of a wrongfully convicted inmate from Fort Worth is apparently leaning against recommending the creation of a state innocence commission amid concerns that it would create a new bureaucracy and duplicate work already being performed in Texas law schools.

The concept of an innocence commission to investigate whether convictions are wrongful was among several recommendations discussed Thursday by the Timothy Cole Advisory Panel. Cole, who died in prison after being convicted for a sexual assault that he didn't commit, was recently given a posthumous pardon by Gov. Rick Perry.

The panel deferred votes until its next meeting, but members generally expressed reservations about creating an innocence commission. Some members called for bolstering similar work now under way in four Texas law schools.

The University of Texas at Austin, Texas Tech, the University of Houston and Texas Southern University have projects or clinics that examine questionable convictions. Similar projects are in operation across the country.

The commission's stance generally tracks that of Perry, who believes a commission "would create an added layer of government," said Perry spokeswoman Allison Castle. Perry's deputy general counsel, Mary Anne Wiley, is a member of the panel.

And:

Cory Session, Cole's brother, said he supports the panel's position and complimented it for its efforts to improve the state's criminal justice system. Cole's case has come to symbolize widening efforts in Texas and other states to correct legal weaknesses that have led to improper convictions. The panel was created by the 2009 Legislature as part of a push that also expanded benefits for former inmates who were exonerated after being cleared by DNA evidence.

"We're pleased with the work they're putting forth so far," said Session, who attended Thursday's meeting along with his mother, Ruby Session, who led the family's 25-year-long battle to clear Cole. He introduced her at the meeting as "the mother of the wrongful conviction movement."

Two exonerated former inmates, Stephen Phillips and Christopher Scott, also addressed the panel.

"I knew I was innocent. Hardly anybody else did," said Phillips, who spent 26 years behind bars before being released in 2008. "I was afraid I was going to die."

He said that efforts like those of the Cole panel have raised hopes among innocent people behind bars.

Earlier coverage of the panel and of Tim Cole's posthumous exoneration begins with this post. An OpEd coauthored by Cory Session on wrongful convictions and DNA testing is noted here.

Friday, April 23, 2010 at 10:11 AM in DNA, Eyewitness Identification, Forensics, State Legislation, Task Force on Inigent Defense, Texas Legislature | Permalink

Technorati Tags: Allison Castle, Christopher Scott, Cory Session, DNA, exoneration, eyewitness identification, innocence, Mary Anne Wiley, Rick Perry, Rick Perry, Stephen Phillips, Task Force on Indigent Defense, Texas, Tim Cole, Timothy Cole Advisory Panel on Wrongful Convictions, wrongful conviction

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NOW SATAN & TEXAS GOVERNOR RICK PERRY NOW ATTEMPT TO INVOLVE THE CATHOLIC CHURCH WITH VISIT 2 SAN ANTONIO ARCHBISHOP JOSE GOMEZ !

~ WHEN WILL THE ICC OPEN THEIR INVESTIGATION INTO U.S. TEXAS GOVERNOR RICK PERRY ~

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SATAN & TEXAS GOVERNOR RICK PERRY OBVIOUSLY HAVE BIGGER FUTURE POLITICAL AMBITIONS THEN SAVING A POSSIBLE INNOCENT HANK SKINNER LIFE ?