Sunday, April 17, 2005

The 9th Circuit Strikes Again...

California's 9th Circuit Court of Appeals is notoriously liberal --and has made some of the worst decisions of any court in the country. They have just made another one. (Thankfully they also have a very high rate of being overturned by the US Supreme Court).

In the latest 9th circuit debacle, the court has overturned a ten-year-old first degree murder charge because the victim’s family had worn buttons in the courtroom with the victim's image on them. The three button wearers also testified so there was no question in the jury’s minds who they were. The convicted murderer, Matthew Musladin, shot his ex-wife's fiancĂ© in the back of the head --was convicted of first degree murder and exhausted ten years of appeals (all of which upheld the murder charge). (source) Enter Judge Stephen Reinhardt (who surprise, surprise is married to Ramona Ripston of Rodney King fame -Executive director of the ACLU!!!) and the 9th Circuit...

What law did they use to overturn a murder conviction of the basis of memorial buttons? None. They made it up as they went along. They claim the decision was based on a the law that states if a defendant comes into the courtroom in a jumpsuit and shackles he will be perceived as dangerous and guilty... The buttons were 3" in diameter and had nothing but the victim's image. (source)

Truly I am speechless... I get the fact that everyone deserves a fair trial and due process and all that --and there are times when the guilty will go free (OJ) in our efforts to ensure these rights, BUT my God, do we really need to give convicted criminals more rights (and loopholes) than law abiding citizens and victims?

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