Texas man wrongly put away for 18 years denied compensation after legal glitch

  • Thread starter Evo
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  • #26
Ah ok. Just wondering. =)
Well, that's my take on it, Gokul could have also meant you're mad as cut snakes. :biggrin:

Having been to Georgia, Mississippi, Kentucky, NC, SC, Georgia and Texas... Texas isn't the "south" that people fear/hate in my view. I think people forget (not you obviously!) that Texas is HUGE, and very rural, but that it also has some truly impressive cities. Austin impressed the hell out of me, and I went in ready to loathe the place on general principles as a 'Yankee'.

That said, I'd really REALLY hate to commit or be wrongfully convicted of a crime in Texas. You western state do NOT mess around when it comes to finishing off the condemned. :bugeye:
 
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  • #27
Drakkith
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Well, that's my take on it, Gokul could have also meant you're mad as cut snakes. :biggrin:

Having been to Georgia, Mississippi, Kentucky, NC, SC, Georgia and Texas... Texas isn't the "south" that people fear/hate in my view. I think people forget (not you obviously!) that Texas is HUGE, and very rural, but that it also has some truly impressive cities. Austin impressed the hell out of me, and I went in ready to loathe the place on general principles as a 'Yankee'.

That said, I'd really REALLY hate to commit or be wrongfully convicted of a crime in Texas. You western state do NOT mess around when it comes to finishing off the condemned. :bugeye:
Compared to most others, nope.
 
  • #28
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Rough? Really? This is Texas we're talking about. He should be thankful he's alive, and move on.
How can he move on?
He has no money, and has been wrongfully incarcerated for so many years.
 
  • #29
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How can he move on?
He has no money, and has been wrongfully incarcerated for so many years.
That's what I'm wondering.

Sure "it's Texas" but it's gotta change from being comparable to third world nations at some point in time.
 
  • #30
Compared to most others, nope.
Nope to being mad (a joke), or being quick on the trigger for condemned criminals? I was under the impression (perhaps incorrect?) that Texas was a pretty good place to die in prison. :umm:

http://www.tdcj.state.tx.us/stat/executedoffenders.htm [Broken]
http://www.tdcj.state.tx.us/stat/drowfacts.htm [Broken]


Oh... this is why I believed that...

TDCJ said:
United States Capital Punishment:
As of December 31,2009, the death penalty was authorized by 36 states and the Federal Government.

Texas leads nation in the number of executions since death penalty was reinstated in 1976.
California, Florida and Texas have the largest death row populations.

3,173 offenders were under sentence of death in the United States as of December 31, 2009.

There are five methods of execution in the United States: lethal injection, electrocution, lethal gas, hanging, and firing squad.
(bolding mine) However that doesn't mean it's faster per capita; it could just be a lot more people slated to die.
 
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  • #31
Drakkith
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Sorry, was replying to:
You western state do NOT mess around when it comes to finishing off the condemned
As in nope, we do not mess around compared to other states lol.
 
  • #32
Sorry, was replying to:


As in nope, we do not mess around compared to other states lol.
Oh Ok... I was a little shocked... you seem very grounded!... because you are... and I'm not apparantly. :tongue2:
 
  • #33
How can he move on?
He has no money, and has been wrongfully incarcerated for so many years.
In the past, and in many parts of the world the answer which I do not endorse would be the concept of a blood feud. This is variously called "Vendetta", which is now a borrowed word in English, Blutrache (lit. Blood-Revenge), or to really go back to the Hebrew you have the concept of a Go'el Haddam; the "Redeemer of Blood".

I would find it profoundly difficult to continue with my life after such trauma, and in the context of this final grotesque injustice. It's times like this that the ancient concept of blood avengers, balanced by cities of refuge begins to look pleasant by comparison.

If we can't make our legal system work for someone who was placed in what most would consider HELL, for 17 years... then tossed out to... what?... Maybe there's something fundamentally askew.
 
  • #34
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The problem is that due to the wording, even if he wins an appeal, his compensation will be capped at $200,000, he will never have the chance to be awarded the 1.4 million he's rightfully due.
True, but he can also appeal that by claiming its denying the right to a jury trial. Is 18 years considered punitive? That's so sad people in this country need to wake up.
 
  • #35
True, but he can also appeal that by claiming its denying the right to a jury trial. Is 18 years considered punitive? That's so sad people in this country need to wake up.
I'm not sure what you mean by the 18 years comment, could you clarify? In addition, and I've already admitted ignorance here, CAN he bring a new case? Tort law, and generally any attempt to sue the state is complex. I'd LOVE references, because I'm curious about just what his rescourse is, if any.
 
  • #36
8
0
I'm not sure what you mean by the 18 years comment, could you clarify? In addition, and I've already admitted ignorance here, CAN he bring a new case? Tort law, and generally any attempt to sue the state is complex. I'd LOVE references, because I'm curious about just what his rescourse is, if any.
I was saying stealing 18 years of a mans life should be beyond just punitive. Punitive damages are quasi-criminal, but this court did more than "penalize", they stole this man's life. The courts should be treated more or less as criminals, and this should fall under theft of life, well if I was god anyways... The experience of one's life should be treated as a solid real thing, as in, they actually stole something that is solid and belonged to him. They stole something of value. If I was god or superman, I'd make that a law.

They said when he sues for cruel and unusual punishment his reward would be capped at $200,000. The most common argument against punitive damage "caps" is that caps violate the right to a jury trial. By the jury's decision being stepped on by the judge, the final decision wasn't made by the jury, but by the judge, when in fact you so called have the right to a decision by a jury (right to a jury trial).

Here's a couple punitive damage cap battles...

This first one is only for medical malpractice cases, http://www.ama-assn.org/ama1/pub/upload/mm/378/conchalstatecap.pdf [Broken]

Texas upheld it as it applied to wrongful death cases. That just shows you what sons of bitches those Texas judges are.

This one isn't from Texas and has no bearing on Texas, but it just shows you why the right to a jury trial is a solid argument that is usually tossed to the side by these gangster thug judges. Scroll down to the dissent (made by Justice Pfeiffer).

http://www.bricker.com/publications-and-resources/publications-and-resources-details.aspx?publicationid=1556 [Broken]

This argument would probably not work in Texas, but its an argument I can think of anyway. I probably thought about it because its the most common for punitive damages. Just my two cents...

By the way, is mental anguish punitive? I would sue them, then have my wife and my kids each sue them separately. Then I would hire a panel of neuroscientists to show that this mental anguish caused by me being locked away caused real physical damage to my brain, and would constitute as assault and battery on my brain.
 
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  • #37
Containment
Idk if I lived in texas I might consider being taken off the streets for 18 years and put into a steel bared hotel a good thing. JK but actually idk depends on what type of life I had to live before going into jail I guess. I'v been to that state once and man it had a lot of people in the city's who almost all carried guns.
 
  • #38
I was saying stealing 18 years of a mans life should be beyond just punitive. Punitive damages are quasi-criminal, but this court did more than "penalize", they stole this man's life. The courts should be treated more or less as criminals, and this should fall under theft of life, well if I was god anyways... The experience of one's life should be treated as a solid real thing, as in, they actually stole something that is solid and belonged to him. They stole something of value. If I was god or superman, I'd make that a law.

They said when he sues for cruel and unusual punishment his reward would be capped at $200,000. The most common argument against punitive damage "caps" is that caps violate the right to a jury trial. By the jury's decision being stepped on by the judge, the final decision wasn't made by the jury, but by the judge, when in fact you so called have the right to a decision by a jury (right to a jury trial).

Here's a couple punitive damage cap battles...

This first one is only for medical malpractice cases, http://www.ama-assn.org/ama1/pub/upload/mm/378/conchalstatecap.pdf [Broken]

Texas upheld it as it applied to wrongful death cases. That just shows you what sons of bitches those Texas judges are.

This one isn't from Texas and has no bearing on Texas, but it just shows you why the right to a jury trial is a solid argument that is usually tossed to the side by these gangster thug judges. Scroll down to the dissent (made by Justice Pfeiffer).

http://www.bricker.com/publications-and-resources/publications-and-resources-details.aspx?publicationid=1556 [Broken]

This argument would probably not work in Texas, but its an argument I can think of anyway. I probably thought about it because its the most common for punitive damages. Just my two cents...

By the way, is mental anguish punitive? I would sue them, then have my wife and my kids each sue them separately. Then I would hire a panel of neuroscientists to show that this mental anguish caused by me being locked away caused real physical damage to my brain, and would constitute as assault and battery on my brain.
I agree with you completely, and yes, mental anguish can count towards punitive damages and material damages for medical/psyhcological care.

How 18 years on death row doesn't break you completely is beyond me, but you're right... it's hard to imagine coming out of that without PTSD. If there is such a thing as neurological assault and battery, PTSD is the scar left behind.
 
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  • #39
Idk if I lived in texas I might consider being taken off the streets for 18 years and put into a steel bared hotel a good thing. JK but actually idk depends on what type of life I had to live before going into jail I guess. I'v been to that state once and man it had a lot of people in the city's who almost all carried guns.
Texas is very "wild west", but it's also extremely urban... it's HUGE. Death row is small... I can't imagine a life much worse than being caged and condemned for something you didnt do. I know you're kidding around, but it's worth noting anyway that this wad Death he was facing; death for a crime he KNEW he didn't commit.
 

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