Re: L&I Supreme Court, Angel Francisco Breard/Sue

[Linda D. Misek-Falkoff, Ph.D., J.D.]

"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:


Hi Sue and others - yes I agree with you, but a dissent is a losing
position for the case itself, although later cases may prefer to cite it
as precedential. These 'form-over-substance' like cases are IMHO
disturbing. A man's life at stake. I think its sad. It illustrates for
me something I believe strongly: the lower courts are really the
controlling courts. If actions are not taken in the lower courts, the
upper courts don't allow amendation.  I think we concur, but look
forward to others' posts. :) LDMF.

----------------------------Sue Hartigan wrote:-------------------------
> 
> Sue Hartigan <[EMAIL PROTECTED]> writes:
> 
> Hi Dr. L.
> 
> That was what I wanted to ask you.  If one or more of the Justices
> dissents, isn't a stay granted.  Obviously not.  :(
> 
> This man *was* executed.  But from what I could get out of this, (and it
> isn't easy for me:), is that one justice thought that the governor
> should hold off until everything could go through the courts, but they
> couldn't tell him to do so.  Another one felt that the Vienna Convention
> was violated, but didn't have the papers and such to know.
> 
> I think that a temporary stay should have been given to make time for
> all the questions to be answered.  Because the State of Virginia went
> ahead and executed this man, now even if his rights were violated, it's
> too late.
> 
> Sue
> > Hi Sue, thank you for posting this case on procedural default, where the
> > high Court felt that the issue of the Vienna Treaty had not been
> > preserved  because not raised in the lower courts (check me out). I vote
> > that if there is a dissent (or are dissents) in capital cases a stay of
> > execution would result.  That do you think? :) LDMF.
> 
> --
> Two rules in life:
> 
> 1.  Don't tell people everything you know.
> 2.
> 
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