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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
Link Posted: 4/19/2014 4:06:25 AM EDT
[#1]
That's fucked up.
Link Posted: 4/19/2014 4:21:30 AM EDT
[#2]
Texas! Go Figure
Link Posted: 4/19/2014 4:24:39 AM EDT
[#3]
Not cool
Link Posted: 4/19/2014 4:31:15 AM EDT
[#4]
FPNI!!!

Shit makes my blood boil
Link Posted: 4/19/2014 4:36:49 AM EDT
[#5]
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.
Link Posted: 4/19/2014 4:39:57 AM EDT
[#6]
Sounds like he need to be released from jail, and a few others need to be put in jail
Link Posted: 4/19/2014 4:44:23 AM EDT
[#7]
Link Posted: 4/19/2014 4:55:35 AM EDT
[#8]
sounds like the court is blaming him for their own screwup
Link Posted: 4/19/2014 4:57:02 AM EDT
[#9]
Link Posted: 4/19/2014 4:59:33 AM EDT
[#10]
Link Posted: 4/19/2014 5:04:03 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
This is a symptom of a system that can't or won't admit when it's wrong.
View Quote



Seems to be a symptom of big goverment all across the country
Link Posted: 4/19/2014 5:04:50 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
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
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
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.
Link Posted: 4/19/2014 5:07:27 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
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..
Link Posted: 4/19/2014 5:07:59 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Texas! Go Figure
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Hey, atleast they still have the death penalty!
Link Posted: 4/19/2014 5:08:13 AM EDT
[#15]


Discussion ForumsJump to Quoted PostQuote History
Quoted:





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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



Link Posted: 4/19/2014 5:14:00 AM EDT
[#16]
Actually his lawyer failed to ask for a new trial, not him

Gr
Link Posted: 4/19/2014 5:20:53 AM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
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.
Link Posted: 4/19/2014 5:21:30 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That's fucked up.
View Quote

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.
Link Posted: 4/19/2014 5:25:34 AM EDT
[#19]

Discussion ForumsJump to Quoted PostQuote History
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.
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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 enough to cover for 30 years of life gone.

 
Link Posted: 4/19/2014 5:27:12 AM EDT
[#20]
Link Posted: 4/19/2014 5:27:23 AM EDT
[#21]
Free the guy and lock up everyone involved in this fuck up for the same amount of time
Link Posted: 4/19/2014 5:27:30 AM EDT
[#22]


Discussion ForumsJump to Quoted PostQuote History
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
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Discussion ForumsJump to Quoted PostQuote History
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?
Link Posted: 4/19/2014 5:32:19 AM EDT
[#23]
In a murder case, would a retrial not be an automatic action in case of an overturned conviction?
Link Posted: 4/19/2014 5:34:21 AM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not enough to cover for 30 years of life gone.  
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Discussion ForumsJump to Quoted PostQuote History
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 enough to cover for 30 years of life gone.  

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.
Link Posted: 4/19/2014 5:37:38 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
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
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
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
Link Posted: 4/19/2014 5:41:21 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Actually his lawyer failed to ask for a new trial, not him

Gr
View Quote

The conviction was overturned.  Wouldn't that mean that the onus to ask for a new trial would be on the state since there was no longer a valid conviction to keep him in prison?
Link Posted: 4/19/2014 5:41:36 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
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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.
Link Posted: 4/19/2014 5:43:47 AM EDT
[#28]
He should have moved to a free state!
Link Posted: 4/19/2014 5:43:48 AM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
This is a symptom of a system that can't or won't admit when it's wrong.
View Quote

The system is designed so that there is always someone else at least partly to blame.  Reduces the chance that anyone is found culpable for mistakes.
Link Posted: 4/19/2014 5:45:45 AM EDT
[#30]
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.
Link Posted: 4/19/2014 5:45:52 AM EDT
[#31]
Now that this is our in the news a lawyer looking for a paycheck will probably precede to go in dry on the state.
Link Posted: 4/19/2014 5:45:56 AM EDT
[#32]
poor guy
Link Posted: 4/19/2014 5:52:28 AM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Actually his lawyer failed to ask for a new trial, not him

Gr
View Quote

Don't quite understand that, a motion for new trial is part of initiating the appellate process.  There has to be one on file somewhere.
Link Posted: 4/19/2014 5:53:26 AM EDT
[#34]
Some people would be dying if this happened to me.
Link Posted: 4/19/2014 5:58:44 AM EDT
[#35]

Discussion ForumsJump to Quoted PostQuote History
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
Discussion ForumsJump to Quoted PostQuote History
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 enough to cover for 30 years of life gone.  


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.
Essentially not really different from the ICF-MR residential community.

 
Link Posted: 4/19/2014 6:00:34 AM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
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Discussion ForumsJump to Quoted PostQuote History
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



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.
Link Posted: 4/19/2014 6:05:33 AM EDT
[#37]
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Quoted:

$450,000 before taxes and the cost of room and board?
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Discussion ForumsJump to Quoted PostQuote History
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.

$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.
Link Posted: 4/19/2014 6:08:21 AM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Actually his lawyer failed to ask for a new trial, not him

Gr
View Quote


But he didn't have a lawyer.
Link Posted: 4/19/2014 6:08:23 AM EDT
[#39]
After living in Texas for 2 years as a kid I would swim the Gulf to go to Mexico before going into Texas.
Link Posted: 4/19/2014 6:29:03 AM EDT
[#40]


Discussion ForumsJump to Quoted PostQuote History
Quoted:



This is a symptom of a system that can't or won't admit when it's wrong.
View Quote
yup


also applies to our current regime
everyone involved that fucked up needs to be locked up for the same amount of time





 
Link Posted: 4/19/2014 6:44:06 AM EDT
[#41]
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
Link Posted: 4/19/2014 7:49:50 AM EDT
[#42]
Franz Kafka really isn't dead.
Link Posted: 4/19/2014 7:52:24 AM EDT
[#43]
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.
Link Posted: 4/19/2014 8:09:12 AM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
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.
Link Posted: 4/19/2014 8:13:40 AM EDT
[#45]


"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.



Link Posted: 4/19/2014 8:17:29 AM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
This is a symptom of a system that can't or won't admit when it's wrong.
View Quote

Yep.
Link Posted: 4/19/2014 8:53:13 AM EDT
[#47]


Discussion ForumsJump to Quoted PostQuote History
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
Discussion ForumsJump to Quoted PostQuote History
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.
Link Posted: 4/19/2014 11:30:02 AM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
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
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Discussion ForumsJump to Quoted PostQuote History
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.


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.
Link Posted: 4/19/2014 11:31:19 AM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That's fucked up.
View Quote


Yeah murdering someone is fucked up
Link Posted: 4/19/2014 11:42:52 AM EDT
[#50]
So what exact charge is the guy being held in prison for?  There has to be a charge.......right???
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