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- TexasPoet
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Offline - Registered: 2/04/2019
- Posts: 267
Re: Petition for Rehearing En Banc Filed
OneWhoCares wrote:
You are reading it correctly - it was DENIED already
Thank you! The courts are certainly working quite well now! That is great news! I doubt he'll have any luck with SCOTUS. I wonder if his attorney will even try?
Last edited by TexasPoet (2/21/2019 1:58 pm)
- wfulaw
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Re: Petition for Rehearing En Banc Filed
I will be interested to see what "issues" Mac tries to raise if/when he files a Writ with the USSC. The Supremes aren't interested in a purely factual case. At this point, this appeal is all about the evidence and whether a juror would still find Mac guilty. I don't think there is any way the USSC grants Cert
- hedidit1970
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Re: Petition for Rehearing En Banc Filed
I will be interested to see what "issues" Mac tries to raise if/when he files a Writ with the USSC. The Supremes aren't interested in a purely factual case. At this point, this appeal is all about the evidence and whether a juror would still find Mac guilty. I don't think there is any way the USSC grants Cert
Agreed 100%
- OneWhoCares
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Re: Petition for Rehearing En Banc Filed
You are reading it correctly - it was DENIED already
Thank you! The courts are certainly working quite well now! That is great news! I doubt he'll have any luck with SCOTUS. I wonder if his attorney will even try?
It is my understanding that they have 90 days to file. He will never stop until he dies! What a great big waste of money as in my opinion there is no way he can ever prevail.
- byn63
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Re: Petition for Rehearing En Banc Filed
My hope is that any further attempts by inmate etal to be heard will get shut down. In my opinion, the 4th Circuit Court gave inmate a big gift by allowing the DNA to be added to the existing PFA way back when. I like to think they were giving him enough rope that he could (if he prevailed) pull himself up or (if he didn't) hang himself. The 4th Circuit did give him a very high standard to meet with the evidentiary items and inmate etal did not even come close!
- hedidit1970
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Re: Petition for Rehearing En Banc Filed
I hate the fact that the wrongly convicted have such an impossible task to get back into court.
This obviously guilty monster is abusing what little recourse there is.. and I can’t help but think there are people over these years who’s cases were not heard specifically as a result of MacMurderer abusing this process
- Gwyka
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Re: Petition for Rehearing En Banc Filed
Inmate's attorneys have lamented the change in habeas law that occurred back in the early 90s and makes it so much harder to get back into court and prevail. The 4th Circuit didn't set a high standard - they were applying the law as it is - that you need to demonstrate that not one fact finder would have found you guilty (compared to the trial standard of one that a juror had reasonable doubt).
Because I think we are not dealing with people who think normally and past history, he will never stop and who knows what will be cooked up next. Although he will never prevail, there is the use of resources and the stress on the victims' family.
- AnimalFriendly
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Re: Petition for Rehearing En Banc Filed
I hate the fact that the wrongly convicted have such an impossible task to get back into court.
This obviously guilty monster is abusing what little recourse there is.. and I can’t help but think there are people over these years who’s cases were not heard specifically as a result of MacMurderer abusing this process
Thank you very much for pointing this out! As someone with a great interest in wrongful convictions it has always really irked me that MacDonald & his lawyers have been able to keep refiling, refiling, whatever, for 40 years now since the '79 conviction when his guilt has seemed so patently obvious. Given that there's never been so much as one piece of forensic evidence found in that apartment that can be sourced to an intruder who intruded on the night of the murders of Colette and her unborn baby, Kim & Kristen. And the way his few supporters try to latch his case onto the Innocence Project.
Last edited by AnimalFriendly (2/24/2019 1:32 pm)
- hedidit1970
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Re: Petition for Rehearing En Banc Filed
Thank you as well Aminal Friendly
Yes my stomach turns every time I here his name and project innocence in the the same sentence...
- OneWhoCares
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Re: Petition for Rehearing En Banc Filed
Welcome to the board AnimalFriendly.
You said and I totally agree:
"And the way his few supporters try to latch his case onto the Innocence Project."
Obviously any supporters at this time are ignorant as to the true facts in this case. I find it strange that anyone could believe that intruders (or anybody) supposedly high on multiple illegal drugs could find their way to the bathroom much less commit this crime and erase any evidence of their presence on the night of the murders.
I may start a thread later about how I became involved and interested in this case. Many of you already know that story and may want to share with us too.