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Unbelievable out of the 6th Circuit. Damned activist judges!

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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-03-10 04:19 PM
Original message
Unbelievable out of the 6th Circuit. Damned activist judges!
These are the initial postings:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=5057034
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=5159620
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=5416195
And here...the 6th Circuit got it right but at what expense? This poor boy has been sexually abused in prison.
http://theparisnews.com/story.lasso?ewcd=d7ca7028e9dbfc60
Hart’s father, Robert Hart, 71, of 1055 22nd St. N.E, said the appellate judges “really got mad at what was done to him during the trial. If that boy did anything wrong, he didn’t realize it. He never did understand even what they put him in jail for.”

The youth with the mental capacity of a 6-year-old may not have understood the charges, and he pleaded guilty only because his attorney said if he didn’t he would “go to jail for a long time,” said Justice Bailey C. Moseley in the opinion he wrote.

The opinion said the attorney told Hart he might get probation if he pleaded guilty, when in fact he was not eligible for community supervision. If the attorney didn’t know that, he should have, the opinion said.

“Absent counsel’s deficient performance, Hart would not have pled guilty. We reverse the judgment and remand to the trial court for proceedings consistent with this opinion,” the ruling concluded.



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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-03-10 04:24 PM
Response to Original message
1. Sickening hardly begins to describe this situation.
What could possibly happen that would bring any form of "justice" to this family?
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-03-10 06:46 PM
Response to Original message
2. kick. n/t
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