tag:blogger.com,1999:blog-8597101.post8073907505859082849..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Convenience vs. the Constitution: CCA habeas procedures value former over latter, says high-court judgeGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8597101.post-51465818924571298822016-11-28T07:49:20.781-06:002016-11-28T07:49:20.781-06:00Thanks, Lane!Thanks, Lane!Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-29577844962489642972016-11-28T06:55:30.167-06:002016-11-28T06:55:30.167-06:00Grits: To answer the question posed in the post - ...Grits: To answer the question posed in the post - and just my opinion - a SCOTUS grant of certiorari is unlikely. Although SCOTUS listens to Judge Alcala (witness her Buck and Moore dissents and the subsequent SCOTUS grant of cert in both cases), this is a state-level, non-death penalty issue of the kind SCOTUS traditionally defers to state courts of last resort. Judge Alcala's concurring opinion certainly lays the foundation for an equal protection claim, but federal habeas has been the more traditional route for a SCOTUS grant concerning federal EP claims. Lane Thibodeauxhttps://www.blogger.com/profile/17433243091582026689noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-58930172127261930682016-11-27T18:54:26.543-06:002016-11-27T18:54:26.543-06:00It'd be the TX Senate, BnG, and that is not ha...It'd be the TX Senate, BnG, and that is not happening. Plus, it's not just the Presiding Judge (there is famously no Justice at the Court of Criminal Appeals). The other judges (besides Alcala) agree with her.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-73952974229699196402016-11-27T18:41:52.784-06:002016-11-27T18:41:52.784-06:00Seems to me the Chief Justice should face impeachm...Seems to me the Chief Justice should face impeachment. Is it possible to impeach a judge in Texas? If so, who has authority to do it?Blue_in_Guadalupehttps://www.blogger.com/profile/06781055706724830970noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-27973317745534678962016-11-27T17:39:02.369-06:002016-11-27T17:39:02.369-06:00@9:07, I'm curious: What legislation would you...@9:07, I'm curious: What legislation would you suggest? They're ignoring the statute now. Who will tell them they can't?Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-57134392662239928342016-11-27T09:07:47.163-06:002016-11-27T09:07:47.163-06:00Interesting to note this judge highlighted pro se ...Interesting to note this judge highlighted pro se filings as falling most victim to this inherently unjust system. It is up to the media to shine a light at this point. The judge admits that even if her advice is followed Judges would still only have 15 minutes to decide a case rather than 12minutes. Something is rotten here. Legislation is needed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-4389992268360354102016-11-27T06:41:46.549-06:002016-11-27T06:41:46.549-06:00I read the first 3 pages of her opinion and can co...I read the first 3 pages of her opinion and can confidently claim she is saying the CCA procedures are a violation of 14th amendment due process procedures. In the most basic terms, she is admitting that the procedures to assign and clear cases from the CCA queue are inherently arbitrary and thus not able to provide consistent outcomes. You don't even need to have gone to law school to understand that such a thing violates not just our specific 14thAmendment rights but it contradicts a basic principle of any legal system on earth because every single one of them has their own "14th Amendment" i.e. some equal protection provision. <br /><br />Absolutely without any shadow of a doubt cases denied under the conditions she laid out would have a Constitutional basis for appeal. To anyone for whom this procedure is news, the facts are only now discovered resetting statute of limitation timers...<br /><br />I will now go back and read the rest of her shocking opinion. (This is really the legal equivalent of a thermo nuclear opinion--the legal worlds version of a Jerry Macguire letter). Anonymousnoreply@blogger.com