D
David Hartung
Guest
Mitchell Holman wrote:
> David Hartung <dhart1ng@quixnet.net> wrote in
> news:O62dnTdZhJnOexrbnZ2dnUVZ_qHinZ2d@comcast.com:
>
>> Mitchell Holman wrote:
>>> David Hartung <dhart1ng@quixnet.net> wrote in
>>> news:btudnfVGe7ZJIhrbnZ2dnUVZ_t-mnZ2d@comcast.com:
>>>
>>>> Mitchell Holman wrote:
>>>>> David Hartung <dhart1ng@quixnet.net> wrote in
>>>>> news:a7SdnTDCIv1tHhrbnZ2dnUVZ_vDinZ2d@comcast.com:
>>>>>
>>>>>> liberalhere@yahoo.com wrote:
>>>>>>
>>>>>>> No. It isn't who chose the justices, it's the justices they
>>>>>>> chose. Eisenhower wanted a conservative justice on the Supreme
>>>>>>> Court. He chose Earl Warren. The problem is that criminally
>>>>>>> conservative judges like Scalia, Thomas, and now Roberts
>>>>>>> understood they needed to hide the kind of conservative thoughts
>>>>>>> they had. I believe it was Scaila who, when Congress was
>>>>>>> considering limiting the number of appeals for convicted
>>>>>>> prisoners was asked what his position would be regarding a
>>>>>>> prisoner facing execution who, after exhausting his number of
>>>>>>> appeals, suddenly discovered completely exculpatory evidence.
>>>>>>> Scaila said he'd have no problem with the execution of an
>>>>>>> innocent man if sentenced by a legal jury.
>>>>>> Criminally conservative? I s this yet another example of liberal
>>>>>> "tolerance"?
>>>>>>
>>>>> Err...Scalia DID say that federal courts should
>>>>> have no power to overturn the death sentences of innocent
>>>>> people. Herrera v. Collins, 1993
>>>> Actually, that is not what he said:
>>>>
>>>> http://tinyurl.com/2d8t3j
>>>>
>>>> Once again you twist meanings to suit your purpose.
>>>>
>>>
>>> Actual quotes from the case:
>>>
>>> "claims of actual innocence based on newly discovered evidence
>>> have never been held to state a ground for federal habeas relief"
>>>
>>> "Federal habeas courts (i.e. appeals courts) do not sit to correct
>>> errors of fact, but to ensure that individuals are not imprisoned
>>> in violation of the Constitution."
>>>
>>> "Herrera is not left without a forum to raise his actual innocence
>>> claim. He may file a request for clemency under Texas law".
>>>
>>> Herrera v. Collins, 506 U.S. 390.
>>> http://www.law.cornell.edu/supct/html/91-7328.ZO.html
>> Scalia was correct. Herrera's recourse was the State of Texas, not the
>> U.S. Supreme Court. Unless there was a Constitutional issue, the Federal
>> courts did not have jurisdiction.
>>
>
>
> Only because the federal courts do not WANT to
> have jurisdiction.
Under our Constitution, the Federal courts have limited jurisdiction, I believe
this to be good. The case under discussion belonged in the state court system,
and that was the jist of the decision.
> David Hartung <dhart1ng@quixnet.net> wrote in
> news:O62dnTdZhJnOexrbnZ2dnUVZ_qHinZ2d@comcast.com:
>
>> Mitchell Holman wrote:
>>> David Hartung <dhart1ng@quixnet.net> wrote in
>>> news:btudnfVGe7ZJIhrbnZ2dnUVZ_t-mnZ2d@comcast.com:
>>>
>>>> Mitchell Holman wrote:
>>>>> David Hartung <dhart1ng@quixnet.net> wrote in
>>>>> news:a7SdnTDCIv1tHhrbnZ2dnUVZ_vDinZ2d@comcast.com:
>>>>>
>>>>>> liberalhere@yahoo.com wrote:
>>>>>>
>>>>>>> No. It isn't who chose the justices, it's the justices they
>>>>>>> chose. Eisenhower wanted a conservative justice on the Supreme
>>>>>>> Court. He chose Earl Warren. The problem is that criminally
>>>>>>> conservative judges like Scalia, Thomas, and now Roberts
>>>>>>> understood they needed to hide the kind of conservative thoughts
>>>>>>> they had. I believe it was Scaila who, when Congress was
>>>>>>> considering limiting the number of appeals for convicted
>>>>>>> prisoners was asked what his position would be regarding a
>>>>>>> prisoner facing execution who, after exhausting his number of
>>>>>>> appeals, suddenly discovered completely exculpatory evidence.
>>>>>>> Scaila said he'd have no problem with the execution of an
>>>>>>> innocent man if sentenced by a legal jury.
>>>>>> Criminally conservative? I s this yet another example of liberal
>>>>>> "tolerance"?
>>>>>>
>>>>> Err...Scalia DID say that federal courts should
>>>>> have no power to overturn the death sentences of innocent
>>>>> people. Herrera v. Collins, 1993
>>>> Actually, that is not what he said:
>>>>
>>>> http://tinyurl.com/2d8t3j
>>>>
>>>> Once again you twist meanings to suit your purpose.
>>>>
>>>
>>> Actual quotes from the case:
>>>
>>> "claims of actual innocence based on newly discovered evidence
>>> have never been held to state a ground for federal habeas relief"
>>>
>>> "Federal habeas courts (i.e. appeals courts) do not sit to correct
>>> errors of fact, but to ensure that individuals are not imprisoned
>>> in violation of the Constitution."
>>>
>>> "Herrera is not left without a forum to raise his actual innocence
>>> claim. He may file a request for clemency under Texas law".
>>>
>>> Herrera v. Collins, 506 U.S. 390.
>>> http://www.law.cornell.edu/supct/html/91-7328.ZO.html
>> Scalia was correct. Herrera's recourse was the State of Texas, not the
>> U.S. Supreme Court. Unless there was a Constitutional issue, the Federal
>> courts did not have jurisdiction.
>>
>
>
> Only because the federal courts do not WANT to
> have jurisdiction.
Under our Constitution, the Federal courts have limited jurisdiction, I believe
this to be good. The case under discussion belonged in the state court system,
and that was the jist of the decision.