<P> I had one of your "liberal" appellate judges throw out a 21 year old state murder conviction..... :)
<P>(Acutally I had three, but you get the point)
<P> <B><I>Justin Schwartz <jkschw@hotmail.com></I></B> wrote:
<BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px solid"><BR>> > Justin,<BR>> >Were you there during the uproar over Judge Baer's decision a few years<BR>> >back? If so, what di the judge's think of the decision and the public<BR>> >flogging he took (I think Lott led the charge)?<BR>> > Justin Schwartz wrote:<BR>><BR>>Remind me. jks<BR><BR>The story: Judge Baer is the New York federal judge who is catching a lot of <BR>flak right now for having thrown out the police seizure of eighty pounds of <BR>coke and heroin for lack of probable cause.<BR><BR>Oh, yeah, that was 1996. I was in law school. Baer backed down later, too <BR>bad. If that's the best the the right wing can do for denouncing liberal <BR>federal judges who let loose bad guys on technicalities, it's not very <BR>common.<BR><BR>I know of a case in which guys who was busted in an illegal search with a <BR>moderate quantity of narcotics had the eviden!
ce!
suppressed by a state court <BR>judge. (He's suing the cops for violations of his civil rights in conducting <BR>the search.) (This is all public information, and I'm not saying whose case <BR>this is or how it might come out.) So maybe it happens more in state courts. <BR>I hear people get acquitted there too. Doesn't happen here.<BR><BR>jks<BR>><BR>> ><BR>> ><BR>> > ><BR>> > >How many cases are there really of serious criminals being released on<BR>> > >technicalities?<BR>> ><BR>> >You mean because of constitutional violations? In the federal courts, as<BR>> >near to none as you like. I read one Seventh Circuit case a few years <BR>>back<BR>> >that quashed an indictment of a real bad guy because of of 4A violation.<BR>> >It;s the only one like that I know of. But basically the rule is, if he's<BR>> >guilty, we'll find a way to keep him in jail. And we are a<BR>> >defendant-friendly cham!
be!
rs, judge and law clerks all!<BR>> ><BR>> >And, analagously, how many "ticking bomb" cases<BR>> > >are there of the sort used to justify torture?<BR>> ><BR>> >I've never heard a real life one.<BR>> ><BR>> >Both sounds like<BR>> > >instances of pseudo-plausible but extreme examples used to justify the<BR>> > >erosion of normal rights.<BR>> > ><BR>> > >Doug<BR>> ><BR>> >Yes indeed.<BR>> ><BR>> >jks<BR>> ><BR>> ><BR>> >_________________________________________________________________<BR>> >Join the world’s largest e-mail service with MSN Hotmail.<BR>> >http://www.hotmail.com<BR>> ><BR>> ><BR>> ><BR>> >---------------------------------<BR>> >Do You Yahoo!?<BR>> >Sign-up for Video Highlights of 2002 FIFA World Cup<BR>><BR>><BR>>_________________________________________________________________<BR>>Sen!
d !
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