OpEdNews
Original Content at
http://www.opednews.com/articles/opedne_jayne_ly_070616_term_limits_on_the_s.htm--------------------------------------------------------------------------------
June 16, 2007
Term Limits on the Supremes
By Jayne Lyn Stahl
Yesterday, consistent with what appears to be a trend, the Supreme Court ruled 5 to 4 to throw out the challenge to his murder conviction by an Ohio inmate, Keith Bowles, who was sentenced to 15 years to life, back in 1999. Mr Bowles sought to appeal his sentence on constitutional grounds, but the federal court denied his application due to a technicality---he was 3 days late in filing his papers. After being denied on first appeal, he reopened the case years later, and a federal district judge erroneously gave him 17 days instead of 14 to file. So, his appeal was thrown out of appeals court as he passed the deadline, and the Supreme Court upheld their ruling which precluded Bowles from legal remedy to challenge his sentence. Bottom line: regardless of whether Mr. Bowles deserves to do the time he was given, his Eighth Amendment appeal was tossed because of a mistake made by a federal judge, and he missed out on his legal right to appeal. (NYT)
The decision of the Supreme Court to uphold the U.S. Court of Appeal ruling was, in a word, callous, and calluses are for feet not courts. Indeed, since the president's appointment of two new justices to the court, Chief Justice John Roberts, and Samuel Alito, recent rulings increasingly demonstrate that the hard, bony tissue which often develops around the ends of a fractured bone now exemplifies the body politic, too. After all, what is it if not crude and callous to deny someone the right to appeal because he was late for filing his paperwork due to a judge's mistake?
So it is then that we can no longer talk about the composition, but the decomposition of the Supreme Court in light of this ruling, as well as one, in mid-April, in which the court upheld the ban on partial birth abortions, also by a 5-4 ratio, again reflecting a slim majority. And, here, too,, we can thank the usual suspects, John Roberts and Samuel Alito, for a ruling that represents the first step in overturning the constitutional amendment that protects reproductive choice. But, whether you're for choice or against it, think that the inmate in Ohio was guilty and had no case for appeal, this literalism, and rigid adherence to technicality, may someday jeopardize your rights, too.
While a prisoner in Ohio just lost out on his constitutional right to appeal what he thinks is a sentence that imposes "cruel and unusual punishment," fifteen years ago, the Supreme Court heard arguments about executing a Texas man who was convicted of murder despite the fact that new evidence surfaced, 10 years after the crime, which strongly supported his claims of innocence. Leonel Herrera was sentenced to be put to death for murdering two police officers. He was scheduled to be executed back in 1992, but won a stay of execution while his attorneys went before the Supreme Court to decide the constitutionality of executing an innocent man. While Herrera confessed to the murders, he later recanted. And, more importantly, his nephew came forward and told authorities that it was Herrera's brother, Raul Herrera, who killed the officers....
(This article originally appeared on AlterNet)
Authors Website:
http://ladyjaynestahl.blogspot.comAuthors Bio: Widely published, poet, playwright, essayist, and screenwriter; member of PEN American Center, and PEN USA.
PERSONALLY, I THINK IMPEACHING THE BASTARDS AND NULLIFYING ANY RULINGS THEY PROMULGATED WOULD BE MUCH MORE USEFUL, BOTH NOW AND IN FUTURE CASES.