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(Yahoo)   According to TX prosecutors, an inmate with an IQ of 51 who was granted a new trial in 1983 but was mistakenly never retried or released, deliberately hid himself in jail for the next 30 years just so he could claim a "speedy trial" violation   (news.yahoo.com) divider line 155
    More: Asinine, speedy trial, Infraction, retrials, Texas Court of Criminal Appeals, prosecutors, Sixth Amendments, criminal appeals, sentenced to death  
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9377 clicks; posted to Main » on 17 Apr 2014 at 2:06 PM (19 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-04-17 12:37:15 PM
Thata desperate prosecutor's office made this claim does not surprise me.  That a Judge actually BOUGHT that argument?  Hole-e-schnitt.  Only in mother-farking Texas
 
2014-04-17 12:39:09 PM
You were clever, Raffles, but not clever enough for Texas
 
2014-04-17 12:39:12 PM
The judge literally called the 33 years he spent in jail "pre-trial detention."
 
2014-04-17 12:46:39 PM
God, Texas is f*cked up.
 
2014-04-17 12:49:16 PM
Since there's a 6A problem (and 5 and 14 because due process?), I look forward to the Supremes telling him to go piss up a rope.

// yes, I mean the falsely-imprisoned
// I can easily see Scalia read the "pre-trial detention" part and nod thoughtfully
 
2014-04-17 12:51:42 PM
Clever! You almost had us...
 
2014-04-17 12:55:00 PM

Delta1212: The judge literally called the 33 years he spent in jail "pre-trial detention."


and further noted the guy didn't seem to mind being locked up. IN PRISON. FOR 30 YEARS, so no harm, no foul... "there is no evidence that Hartfield has suffered any anxiety relating to his pretrial detention."

The decades-long delay in a retrial actually benefited Hartfield, Judge Estlinbaum concluded last week, because it is far less likely today that he will be sentenced to death than it would have been had he been retried in the 1980s. The judge reached this conclusion in the same ruling in which he acknowledged that Hartfield's ability to mount an effective defense has been diminished by the passage of time and the loss of witnesses and evidence.



Homebody go re-animate Gen Sherman, I'm off to buy a shiatload of matches and Kerosene.   It's time.
 
2014-04-17 01:02:09 PM
Once global warming raises the oceans enough to cover Florida, we WILL get our Texas tag.

So we have that going for us.  Which is nice.
 
2014-04-17 01:14:17 PM
Well, I'm convinced.
 
2014-04-17 01:49:51 PM

Magorn: Only in mother-farking Texas


HIGHLY doubtful.

Glad he's finally got a lawyer on his side to fight for him. This is quite the ridiculous miscarriage of justice.
 
2014-04-17 02:07:45 PM
Is there a Mr Gump? Ms Gump?
 
2014-04-17 02:08:06 PM
So what was the IQ of the jailers?
 
2014-04-17 02:08:34 PM
Seems legit.
 
2014-04-17 02:11:52 PM
www.toyota-4runner.org
 
2014-04-17 02:13:56 PM
Wouldn't it be a SpEd-y trial?
 
2014-04-17 02:14:13 PM

Magorn: Thata desperate prosecutor's office made this claim does not surprise me.  That a Judge actually BOUGHT that argument?  Hole-e-schnitt.  Only in mother-farking Texas


Remind me again why Texas doesn't have its own Fark tag?
 
2014-04-17 02:17:13 PM

Aigoo: Magorn: Thata desperate prosecutor's office made this claim does not surprise me.  That a Judge actually BOUGHT that argument?  Hole-e-schnitt.  Only in mother-farking Texas

Remind me again why Texas doesn't have its own Fark tag?


Because Texas has nowhere near anything close to Florida with their stupidity
 
2014-04-17 02:18:10 PM
Is the followup tag on vacation?
 
2014-04-17 02:18:53 PM
You're in the wrong line dumbass!
 
2014-04-17 02:19:23 PM
"Parking offense, shmarking offense, M'lord!"
 
2014-04-17 02:20:12 PM
And Anne Frank is dethroned.
 
2014-04-17 02:21:22 PM
Wait.....the guy doesn't have any family members?
 
2014-04-17 02:21:32 PM
Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.
 
2014-04-17 02:21:46 PM
....it's like a whole other country.....
 
2014-04-17 02:22:29 PM
I'm surprised this hasn't been a story for TX Monthly, they're usually all over things like this.
 
2014-04-17 02:23:23 PM
Texans need to cook up some kind of appellate process before the feds start snooping around. Perhaps someone with a Law GED could help.
 
2014-04-17 02:23:48 PM

StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.


Because Texas has never sentenced an innocent man to death, right?
 
2014-04-17 02:24:07 PM
51 is considered a genius in Texas.
 
2014-04-17 02:24:19 PM

a particular individual: Is the followup tag on vacation?


It's in pretrial detention.  Check back in 2047.
 
2014-04-17 02:24:28 PM
according to the Internets an IQ score of 55 put this guy in the "Barely able to function on his own" range and only about 10 points above Chimps or Dolphins.  Not only would it probably be unconstitutional to execute him, but the prosecutor's ability to get a conviction that will stand up on appeal given the lack of witnesses and evidence at this point is virtually nil.  Why the hell is TX willing to take the PR hit and re-try this guy instead of realizing that he's already done 3 decades in jail and basically just spring him for time served
 
2014-04-17 02:31:42 PM

LordJiro: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

Because Texas has never sentenced an innocent man to death, right?


Except there is not even an allegation he is innocent, dipwad.
 
2014-04-17 02:32:19 PM

Magorn: according to the Internets an IQ score of 55 put this guy in the "Barely able to function on his own" range and only about 10 points above Chimps or Dolphins.  Not only would it probably be unconstitutional to execute him, but the prosecutor's ability to get a conviction that will stand up on appeal given the lack of witnesses and evidence at this point is virtually nil.  Why the hell is TX willing to take the PR hit and re-try this guy instead of realizing that he's already done 3 decades in jail and basically just spring him for time served


You're asking why conservative lunatics, and I say this as someone born and raised Texan, are pushing ahead with a pointless, certain to fail plan that perverts all that we hod dear about America rather than admit they screwed up? Have you recently recovered from a decades long coma?
 
2014-04-17 02:34:38 PM

LarryDan43: 51 is considered a genius in Texas.


It exceeds that of the judge and the governor of Texas by a good bit.
 
2014-04-17 02:34:41 PM

daemoncan: ....it's like a whole other country.....


Hell, It's a whole other planet.
 
2014-04-17 02:34:43 PM

Magorn: Why the hell is TX willing to take the PR hit and re-try this guy instead of realizing that he's already done 3 decades in jail and basically just spring him for time served


You act as though TX is concerned with PR.
 
2014-04-17 02:35:28 PM

StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.


FTFA: "On March 4, 1983, the Texas Court of Criminal Appeals formally vacated Hartfield's conviction."

Did you RTFA?
 
2014-04-17 02:35:38 PM

Magorn: according to the Internets an IQ score of 55 put this guy in the "Barely able to function on his own" range and only about 10 points above Chimps or Dolphins.  Not only would it probably be unconstitutional to execute him, but the prosecutor's ability to get a conviction that will stand up on appeal given the lack of witnesses and evidence at this point is virtually nil.  Why the hell is TX willing to take the PR hit and re-try this guy instead of realizing that he's already done 3 decades in jail and basically just spring him for time served


There's some SCOTUS judicial activism that needs to be reversed. I don't care if your IQ is 55, you murder someone with premeditation and deliberation, you get the needle. Call it equal protection.

One problem with this made-up rule is that now all murder suspects attorneys hire IQ expert witnesses (i.e., whores) to show how dumb they are.
 
2014-04-17 02:36:02 PM

ferretman: Wait.....the guy doesn't have any family members?


I'm sure family members will come out of the woodwork once the lawyers start talking settlement amounts.  And Texas will probably want to bill him for 30 years of fraudulent use of state facilities.
 
2014-04-17 02:37:54 PM

StanTheMan: LordJiro: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

Because Texas has never sentenced an innocent man to death, right?

Except there is not even an allegation he is innocent, dipwad.


Well, he's certainly not guilty. After all, that's the result when a conviction is vacated.
 
2014-04-17 02:38:41 PM

HemorrhagingKarma: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

FTFA: "On March 4, 1983, the Texas Court of Criminal Appeals formally vacated Hartfield's conviction."

Did you RTFA?


Yes I did. And it was because he couldn't get a juror who was against the death penalty? Really?

This PoS should have been needled 30 years ago.
 
2014-04-17 02:39:13 PM

Hoarseman: Have you recently recovered from a decades long coma?


That's Pre-lucidity detention in Texas.
 
2014-04-17 02:39:18 PM
Anyone got a good biatch slap? I know a judge that needs one.
 
2014-04-17 02:39:31 PM
Maybe he can claim squatter's rights and actually be the legal owner of his cell...
 
2014-04-17 02:40:26 PM

StanTheMan: LordJiro: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

Because Texas has never sentenced an innocent man to death, right?

Except there is not even an allegation he is innocent, dipwad.


Sure, who cares if it was a fair trial?  No one really needs those, do they?
 
2014-04-17 02:40:46 PM

The_Six_Fingered_Man: StanTheMan: LordJiro: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

Because Texas has never sentenced an innocent man to death, right?

Except there is not even an allegation he is innocent, dipwad.

Well, he's certainly not guilty. After all, that's the result when a conviction is vacated.


Its the same stupid shiat that let McDuff out

The only thing that should be squashed is the death penalty sentence, at no point should this person ever be allowed out in public again.
 
2014-04-17 02:40:50 PM

The_Six_Fingered_Man: StanTheMan: LordJiro: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

Because Texas has never sentenced an innocent man to death, right?

Except there is not even an allegation he is innocent, dipwad.

Well, he's certainly not guilty. After all, that's the result when a conviction is vacated.


Because he hid from the system for 30 years. Now let's reward that.

This guy sounds like the perfect cause celebre for libs. They can make him a civil rights icon like Tookie Williams or Mumia.
 
2014-04-17 02:43:23 PM

StanTheMan: HemorrhagingKarma: StanTheMan: Fark him, the murdering scumbag was sentenced to death and should have been executed a long time ago. RTFA.

FTFA: "On March 4, 1983, the Texas Court of Criminal Appeals formally vacated Hartfield's conviction."

Did you RTFA?

Yes I did. And it was because he couldn't get a juror who was against the death penalty? Really?

This PoS should have been needled 30 years ago.


Not because he couldn't get a juror who was against the death penalty, but because a juror was unconstitutionally barred from the jury.

FTFA: "because prosecutors had unconstitutionally precluded from the jury a woman who had reservations about the death penalty. "

Maybe I should rephrase the question: Did you understand the article?
 
2014-04-17 02:44:06 PM

StanTheMan: Magorn: according to the Internets an IQ score of 55 put this guy in the "Barely able to function on his own" range and only about 10 points above Chimps or Dolphins.  Not only would it probably be unconstitutional to execute him, but the prosecutor's ability to get a conviction that will stand up on appeal given the lack of witnesses and evidence at this point is virtually nil.  Why the hell is TX willing to take the PR hit and re-try this guy instead of realizing that he's already done 3 decades in jail and basically just spring him for time served

There's some SCOTUS judicial activism that needs to be reversed. I don't care if your IQ is 55, you murder someone with premeditation and deliberation, you get the needle. Call it equal protection.

One problem with this made-up rule is that now all murder suspects attorneys hire IQ expert witnesses (i.e., whores) to show how dumb they are.


He has not been convicted of murder. The first trial was ruled invalid due to illegal actions by the prosecutors (In 1980s Texas, consider what sort of actions those entailed).
 
2014-04-17 02:46:47 PM
Sounds like the inmate wasn't the only person there with an IQ of 51.
 
2014-04-17 02:46:54 PM

StanTheMan: Because he hid from the system for 30 years. Now let's reward that.


Right. He hid from the system. In prison. For 30 years.

His trial was in 1977. His conviction was overturned in 1980. It was vacated in 1983. Since then, he has been sitting in prison without having legally committed a crime.
 
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