User Panel
Posted: 4/19/2014 3:27:54 AM EDT
A Texas inmate with the critical thinking ability of a first-grader has been waiting some 34 years for a new trial. And now he'll wait some more.
In a recent ruling, a judge decided that Jerry Hartfield's constitutional right to a speedy trial had not been violated — despite being imprisoned since 1980 on a murder conviction that had been overturned — because, in essence, Hartfield did not ask for a new trial. Judge Craig Estlinbaum found the state had been negligent in failing to retry the 56-year-old man, and that his ability to adequately defend himself had diminished over time, but he ultimately ruled Hartfield was responsible for his own incarceration because he failed to seek a new trial. The decision is the latest in a series of confusing and baffling proceedings that have kept the Bay City man behind bars since his 1976 conviction for robbing and killing a bus station worker in 1976. Read more: http://www.nydailynews.com/news/national/texas-inmate-conviction-overturned-1980-behind-bars-article-1.1761084#ixzz2zKZ4UmAK http://www.nydailynews.com/news/national/texas-inmate-conviction-overturned-1980-behind-bars-article-1.1761084 |
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The conviction was overturned. Why wouldn't he have been released immediately? He was imprisoned at that point, basically, without a conviction?
Shouldn't he have been released and the state responsible for requesting a retrial if they wished to lock him up? I don't understand at all. |
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Sounds like he need to be released from jail, and a few others need to be put in jail
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The conviction was overturned. Why wouldn't he have been released immediately? He was imprisoned at that point, basically, without a conviction? Shouldn't he have been released and the state responsible for requesting a retrial if they wished to lock him up? I don't understand at all. View Quote It happens when the procedure and image of the law overpower the spirit and intent of the law itself. |
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This is a symptom of a system that can't or won't admit when it's wrong.
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It happens when the procedure and image of the law overpower the spirit and intent of the law itself. View Quote View All Quotes View All Quotes Quoted:
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The conviction was overturned. Why wouldn't he have been released immediately? He was imprisoned at that point, basically, without a conviction? Shouldn't he have been released and the state responsible for requesting a retrial if they wished to lock him up? I don't understand at all. It happens when the procedure and image of the law overpower the spirit and intent of the law itself. I've never seen it put in such precise terms, but you are exactly right. |
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The conviction was overturned. Why wouldn't he have been released immediately? He was imprisoned at that point, basically, without a conviction? Shouldn't he have been released and the state responsible for requesting a retrial if they wished to lock him up? I don't understand at all. View Quote Judges hate admitting they or other judges make mistakes.. |
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Quoted: Quoted: Sounds like he need to be released from jail, and a few others need to be put in jail Those other people need a thousand year prison sentence. http://www.telegraph.co.uk/technology/news/10697529/Prisoners-could-serve-1000-year-sentence-in-eight-hours.html |
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Actually his lawyer failed to ask for a new trial, not him
Gr |
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The conviction was overturned. Why wouldn't he have been released immediately? He was imprisoned at that point, basically, without a conviction? Shouldn't he have been released and the state responsible for requesting a retrial if they wished to lock him up? I don't understand at all. View Quote That would seem to be the crux of the matter. |
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Quoted: Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. View Quote View All Quotes View All Quotes Quoted: Quoted: That's fucked up. Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. |
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Free the guy and lock up everyone involved in this fuck up for the same amount of time
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Quoted: Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. View Quote View All Quotes View All Quotes Quoted: Quoted: That's fucked up. Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. $450,000 before taxes and the cost of room and board? |
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In a murder case, would a retrial not be an automatic action in case of an overturned conviction?
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Not enough to cover for 30 years of life gone. View Quote View All Quotes View All Quotes Quoted:
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That's fucked up. Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. Not even close. His best years are gone and no amount of money can buy it back. The upshot of it is (if you can even call it that) is that a mildly retarded individual had food and shelter for most of his life. |
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Quoted:
It happens when the procedure and image of the law overpower the spirit and intent of the law itself. View Quote View All Quotes View All Quotes Quoted:
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The conviction was overturned. Why wouldn't he have been released immediately? He was imprisoned at that point, basically, without a conviction? Shouldn't he have been released and the state responsible for requesting a retrial if they wished to lock him up? I don't understand at all. It happens when the procedure and image of the law overpower the spirit and intent of the law itself. Wisdom |
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Those other people need a thousand year prison sentence. http://www.telegraph.co.uk/technology/news/10697529/Prisoners-could-serve-1000-year-sentence-in-eight-hours.html View Quote View All Quotes View All Quotes Quoted:
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Sounds like he need to be released from jail, and a few others need to be put in jail Those other people need a thousand year prison sentence. http://www.telegraph.co.uk/technology/news/10697529/Prisoners-could-serve-1000-year-sentence-in-eight-hours.html Deep Space Nine did an episode like this. O'Brien spent 30 years in jail in an hour. For a crime he didn't commit. |
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Utility scales roughly linearly for time and roughly exponentially for money. Any stab at "equitable compensation" would be a fucking lot more than than the usual few million condemned and eventually freed innocents get.
Since it hasn't been said yet: Texas, land of the free! I'm confident our ballot boxes will fix this, just as they've fixed so many other injustices. |
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Now that this is our in the news a lawyer looking for a paycheck will probably precede to go in dry on the state.
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Quoted: Not even close. His best years are gone and no amount of money can buy it back. The upshot of it is (if you can even call it that) is that a mildly retarded individual had food and shelter for most of his life. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: That's fucked up. Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. Not even close. His best years are gone and no amount of money can buy it back. The upshot of it is (if you can even call it that) is that a mildly retarded individual had food and shelter for most of his life. |
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Those other people need a thousand year prison sentence. http://www.telegraph.co.uk/technology/news/10697529/Prisoners-could-serve-1000-year-sentence-in-eight-hours.html View Quote View All Quotes View All Quotes Quoted:
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Sounds like he need to be released from jail, and a few others need to be put in jail Those other people need a thousand year prison sentence. http://www.telegraph.co.uk/technology/news/10697529/Prisoners-could-serve-1000-year-sentence-in-eight-hours.html That sounds like a crock of shit. But, if it worked (not the drugs, but the computer interface) it could be used for a lot of practical purposes aside from fucking with prisoner's heads. I'm sure there are plenty of commanders and scientists etc. who would love to be able to do a year's worth of thinking in a few minutes. |
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$450,000 before taxes and the cost of room and board? View Quote View All Quotes View All Quotes Quoted:
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That's fucked up. Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. $450,000 before taxes and the cost of room and board? Nope; there is actually a budget item that pays wrongfully convicted persons for the time they served. Which is somewhat disturbing; not that they pay them for it, but that there is actually a part of the state's budget dedicated for that purpose. |
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After living in Texas for 2 years as a kid I would swim the Gulf to go to Mexico before going into Texas.
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Rick Perry should step in and free him, this case seems like it needs some common sense and the Texas judicial system is all out at the moment
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In Florida, it is the state's responsibility to see to it that a defendant is retried within 90 days of a reversal. I am shocked to think that the responsibility could ever be placed on the defendant to bring about his trial.
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Rick Perry should step in and free him, this case seems like it needs some common sense and the Texas judicial system is all out at the moment View Quote Can't. The governor does not have that power. I've never heard of this guy, but from what I understand the case was not overturned because he was innocent, it was overturned on procedural grounds. Why there was not an automatic re-trial I could not tell you. |
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"Hartfield was responsible for his own incarceration because he failed to seek a new trial" AKA, he didn't say "Mother, May I?" to the Texas Nanny State. |
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Quoted: Deep Space Nine did an episode like this. O'Brien spent 30 years in jail in an hour. For a crime he didn't commit. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Sounds like he need to be released from jail, and a few others need to be put in jail Those other people need a thousand year prison sentence. http://www.telegraph.co.uk/technology/news/10697529/Prisoners-could-serve-1000-year-sentence-in-eight-hours.html Deep Space Nine did an episode like this. O'Brien spent 30 years in jail in an hour. For a crime he didn't commit. But he did murder that one guy. |
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Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. View Quote View All Quotes View All Quotes Quoted:
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That's fucked up. Yep. And here's the kicker...once he IS released, they have to pay him for his time served. After 30+ years, that's a tidy chunk of change. Oh don't worry, they'll get him to plead guilty to the charge in exchange for time served, just like they did the Memphs 3 and that gal out in California. They know they're innocent, but the guilty plea gets the state off the hook for paying them what's deserved. |
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So what exact charge is the guy being held in prison for? There has to be a charge.......right???
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