Saturday, November 12, 2011

More information about the Habeas Appeal

I found this source for information on the habeas appeals in California.  It gives the process for non-death penalty habeas appeals, whereas the death penalty habeas appeals are filed in the CA Supreme Court.  The substance and structure of the habeas is the same for both death penalty and non-death penalty cases.

"Elements of a Habeas Petition" by Jonathan Grossman

The web page for State Senator Tom Harman, California's 35th District, provides information on SB1025 Habeas Corpus Reform, SCA27 Direct Appeal in Capital Cases, and SB1018 Single Drug Lethal Injection Procedure.

SB1025 proposes that habeas appeals in capital cases begin in the Superior Courts, as they do in non-capital cases.
Because habeas appeals involve extensive fact-finding and investigative duties that appellate courts are ill-equipped to handle, this proposal would both streamline the appellate process and ensure that habeas claims are efficiently and accurately resolved.
SCA27 allows the guaranteed direct appeals for capital cases to be heard by the Courts of Appeal, with review of the appellate opinion by the Supreme Court.
Chief Justice Ron George argues that the death penalty jeopardizes the Court's capacity to resolve other statewide legal issues and settle appellate conflicts, which is its primary obligation. 
California needs to do something to expedite this appeal process - not just for the victims, but for the wrongfully convicted.  Scott has been on death row now for over 6.5 years, and his Court record still has not been perfected.  It will probably be well into 2012 before his direct appeal brief is filed.  And then another couple of years before it is even considered by the CA Supreme Court.  

Wednesday, November 9, 2011

Len spoke, America listened, and Nancy went home

On Monday night's Dancing with the Stars, after an instant jive which earned Nancy Grace only 20 out of a possible 30 points, Judge Len Goodman told Nancy:
Nancy, yours is a Cinderella story.  You've come to the ball and you've lasted eight weeks, which I commend you for. However, for me, it's midnight and it's time to go home!
And on Tuesday night, Nancy was eliminated from the competition.  She's said publicly that she's donating her earnings for being on the show to the Missing and Exploited Children's Center.  I googled to see how much the stars earn for their participation in the competition and found this contract for Shawn Johnson in Season 8, which aired during the Fall of 2009, and Gawker dot com also gives these numbers:

  • Guaranteed $125,000 for appearing on the show
  • An additional $10,000 per week for weeks 3 and 4
  • An additional $20,000 per week for weeks 5-7
  • An additional $30,000 per week for weeks 8-9
  • An additional $50,000 per week for weeks 10-11
The total for making it to the final 2 is $345,000.

Since Grace made it through week 8, she earned $215,000.   If she did indeed give that money to the Missing & Exploited Children's Center, then good for her.

But her dancing leaves a lot to be desired.  And her television show even more.