Afternoon Updates

First, the Decatur Daily reports today:

Three former Alabama Supreme Court justices are asking the country’s highest court to hear the case of Alabama death row inmates who say they don’t have adequate legal representation, but the state is arguing the inmates’ claim is “a work of fiction.”

I explained here that Alabama does an extremely bad job of providing attorneys to convicts on death row. Basically, if those folks want an appointed attorney, they have to first convince a judge that they have a valid claim. Stating a valid claim, though, requires extensive investigation, legal research and writing; in other words, stating a valid claim requires a lawyer. So, as the Tuscaloosa News put it today:

Inmates who are condemned to die have to convince a judge that they need legal representation to protect their rights and to prove that they have a substantial claim for an appeal.

But a suit filed by six death row inmates says they can’t make those cases effectively without an attorney. There’s a circular quality to their argument. They need a lawyer to convince a judge that they need a lawyer.

So the state is just wrong when it says that Alabama provides indigent capital defendants lawyers for post-conviction proceedings. That said, the state is going to win the lawsuit. No way is Scotus going to force the state to set up some kind of indigent program for post-conviction proceedings.

Second, the B’ham City counsel – only a few weeks after several members proudly declared their ignorance and homophobia – has just voted to adopt a new version of a resolution condemning, among other things, homophobia. An official declaration that gays are something other than the cause of the end of the world? Jerry Falwell must be spinning in his grave. Or wherever he is.

Third, once a terrorist, always a terrorist:

Victims of Eric Rudolph, the anti-abortion extremist who pulled off a series of bombings across the South, say he is taunting them from deep within the nation’s most secure federal prison, and authorities say there is little they can do to stop him.

Apparently, he’s writing nasty stories and sending them to fans who publish them on the web. He’s been doing so for quite a while; here’s my post on a similar report from a few months ago. Whether or not the prison authorities can prohibit the letters, like I said in the earlier post, the letters certainly justify Rudolph’s continued stay in a SuperMax prison.

Finally, a case I mentioned here is about to climax:

The owner of an adult store in Decatur launched her final appeal Monday against a state ban on selling sex toys, asking the U.S. Supreme Court to throw out the law as an unconstitutional intrusion into the bedroom.

Explore posts in the same categories: Abortion, Appellate And Post-Conviction Issues, Birmingham, Capital Punishment, The Homosexual Agenda

7 Comments on “Afternoon Updates”

  1. Kathy Says:

    “…about to climax.”

    * juvenile giggling *

  2. Julie Says:

    I agree that law is based on morality, but I also agree with the owner’s comment about little pieces of rubber.
    Would that someone would get that upset about GUN SHOWS and STORES. I’d like to see someone try a VT-style massacre with a plastic penis…
    The real priority here is money (as usual) imo–real estate values etc. which have little to do with morality, and a whole lot to do with tax revenue.

  3. Mark Says:

    I read what the prison authorities can ban, and what Rudolph is doing comes mighty damned close.

  4. Old Prosecutor Says:

    Interesting that you get more comments on sex toys than on capital punishment

  5. wheeler Says:

    “what Rudolph is doing comes mighty damned close.”

    my guess is that the reason his mail isn’t banned is lack of manpower to read and censor all mail, rather than prison official’s high regard for free speach.

  6. Sailer Says:

    O.J.Simpson proved that in America you can get the best justice that money can buy. Other cases where only DNA evidence saved people from death kinda shows that justice is hard to come by if you are poor. You only get justice if you have money??

    I don’t understand how other terrorists can’t even talk to their lawyers but Rudolph is free to communicate with whomever he wishes . Isn’t blowing up clinics a form of terrorism??

    My wife and I don’t use “toys” but it would seem like the government has better things to worry about than us using “toys”. In my reading of the bible I don’t remember any reference to sex toys. If “toys” keep a couple happily married and out of divorce court isn’t that a good thing??? Is the government saying that the only acceptable excitement in marriage is illicit affairs??? Maybe the governent is saying married couples should only have sex when they desire a new child??? Exactly why is the governent interested in sex toys??? There may be something going on here and I admit my complete ignorance having never been in a sex toy shop.

  7. Sailer Says:

    On further thought I got to wondering who buys sex toys. I assumed couples looking for novelty. But I honestly have no ideal who buys sex toys. Are we talking about scarey old men in semen stained overcoats?? Anyone know anything about who buys sex toys?? But in the final analysis even if they are a bunch of perverts I don’t know that the government has any compelling interest. But I do admit that I wouldn’t want such a shop in my neighborhood it is kinda creepy. But it is just my opinion not something coming from god. I think that gas guzzling SUV’s should be outlawed but this is without claiming that it is god’s will. If everyone would drop the god argument and provide reasons for laws that are reasonable all of this would be simple. Say that you had data showing that 90% of child molesters used sex toys then I’d be all for outlawing toys. Same with rapists or whatever. But how do you argue with god doesn’t like sex toys???

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