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In It to Win It

In It to Win It's Journal
In It to Win It's Journal
May 25, 2022

APPELATE JUDICIAL NOMS: Florence Pan (CA-DC), Rachel Bloomekatz (CA6), and Doris Pryor (CA7)

Reuters

Judge Pan is nominated to fill Justice Ketanji Brown Jackson's former seat on the D.C. circuit.

https://twitter.com/prof_jpc/status/1529479826188472323
May 25, 2022

[The evil MFer] was engaged by law enforcement, but made his way into the school anyway

https://twitter.com/NatashaBertrand/status/1529255082914725888
Watch Republican officials try to us convince that we should arm teachers with guns when TRAINED AND ARMED FUCKING LAW ENFORCEMENT OFFICERS couldn’t stop him. They can miss me with that line of bullshit. 🤬😤
May 23, 2022

The Supreme Court just condemned a man to die despite strong evidence he's innocent

https://twitter.com/imillhiser/status/1528844012123213825
In 1995, Barry Jones was convicted of murdering Rachel Gray, his girlfriend’s 4-year-old daughter, and sentenced to die. Since then, the case against him has shattered.

Gray died of a laceration of her small intestine, an extremely painful injury that slowly floods the victim with poisonous fluids. The prosecution’s theory was that Jones must have inflicted this injury on Gray during a four-hour period when he was taking care of her on May 1, 1994. Gray died about 12 hours later.

But this theory does not make sense medically. Gray’s injury would have killed her slowly, and should not have proved fatal in only 12 hours. In a comprehensive article reviewing the evidence against Jones, the Intercept’s Liliana Segura quotes three physicians who say that the prosecution’s theory is wrong.

One, who Segura describes as a “renowned pediatric forensic pathologist,” said that Gray’s injury “could not possibly have been inflicted on the day prior to her death.”

There are also several other potential suspects. Gray’s mother Angela, for starters, was eventually convicted of child abuse and sentenced to eight years in prison. There’s evidence that Gray’s brother sexually preyed on young girls. And, on top of all of that, Gray reportedly said shortly before her death that a boy had hit her in the stomach with a metal bar.

Simply put, no sensible jury confronted with all of this evidence would have concluded that Jones was guilty beyond a reasonable doubt.

But Jones’s lawyers failed to present crucial evidence at his trial. As Justice Sonia Sotomayor wrote in an opinion released on Monday, “Jones’ trial counsel failed to undertake even a cursory investigation and, as a result, did not uncover readily available medical evidence that could have shown that Rachel sustained her injuries when she was not in Jones’ care.” Then, after Jones challenged his conviction in a state court proceeding, he was met with, as Sotomayor put it, “another egregious failure of counsel.”

In the words of the law, Jones was denied his constitutionally required right to effective assistance of counsel — twice.
May 23, 2022

Supreme Court Ruling Makes It Harder For Prisoners To Argue They Had Ineffective Counsel

The Root via Yahoo News

In a ruling this morning, the Supreme Court said state prisoners may not present new evidence in federal court to support a claim that their post-conviction counsel in state court was ineffective in violation of the Constitution, according to CNN. The 6-3 decision will make it harder for inmates across the country to prevail on claims that they received ineffective counsel at the state court level in post-conviction proceedings.

Justice Clarence Thomas, who wrote the opinion, stated for such claims to go forward would “cause unnecessary delays,” and he said that federal courts “must afford unwavering respect to the centrality of the trial of a criminal case in state court.”

Justice Thomas also said federal courts “years later” lack the “competence and authority to relitigate a state’s criminal case.” The Innocence Project claims nearly 3,000 people have been wrongly convicted of crimes since 1989, and since 1973, 186 people condemned to death have been exonerated. In Justice Sonia Sotomayor’s dissent, she called the decision “perverse” and said that the court had gutted precedent. She wrote that the majority opinion “reduces to rubble” many inmates’ constitutional rights.
May 23, 2022

McConnell, Schumer unite in face of GOP nationalism

Reuters via Yahoo News

The top Senate Republican, Mitch McConnell, and Jim Risch, the top Republican on the foreign relations panel, joined Democratic Senate Majority Leader Chuck Schumer and committee chairman Bob Menendez and other senators in introducing the resolution.

"We fully support their application to become NATO members and are looking forward to their swift ascension in the coming months," Menendez said in a statement.

McConnell referred to Finland and Sweden as "strong countries with formidable military capabilities" and said in his statement, "both nations' robust defense funding means their accession would meaningfully bolster our pursuit of greater burden-sharing across the alliance. I fully support the Senate providing its advice and consent as quickly as possible."

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