Saturday, May 08, 2004
placeholder for story on the supremes, and the guy in texas.
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the folowing story is a work of fiction. any resemblance to any living american is in your head. and besides, the statute of limitations has expired
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i was an intern for the new hampster supreme court. basicly a clerk for the clerk. it was my job to look over an incoming case file, and write a short memo about why the court shouldn't take the case. so i get this one. a guy stole a vcr, got caught, pled to five years. but the judge sentences him to ten. i go to the clerk, explain we have to take the case. she looks at it, says, routine deny. dueling memos for a few weeks, but she's the boss, and we end up recommending deny. at conference, judge limberger sees the problem, they take the case, the guy gets his sentenced reduced or dropped or however it turned out.
i've told this story, in order to set the stage for a recent 6-3 decision of the supreme court about a guy in texas in jail for shoplifting some videotapes at walmart. that's an offense that in texas gets you two years, and he's done his two years and wants out. texas wants him to serve 6 years, based on what they admit was a mistake in his sentencing.
the majority notes that he's out on bail while some other issues get litigated, and remands.
kennedy, in a one page dissent, blasts texas for bad faith undermining the republic. souter and stevens also dissent.
***
the folowing story is a work of fiction. any resemblance to any living american is in your head. and besides, the statute of limitations has expired
***
i was an intern for the new hampster supreme court. basicly a clerk for the clerk. it was my job to look over an incoming case file, and write a short memo about why the court shouldn't take the case. so i get this one. a guy stole a vcr, got caught, pled to five years. but the judge sentences him to ten. i go to the clerk, explain we have to take the case. she looks at it, says, routine deny. dueling memos for a few weeks, but she's the boss, and we end up recommending deny. at conference, judge limberger sees the problem, they take the case, the guy gets his sentenced reduced or dropped or however it turned out.
i've told this story, in order to set the stage for a recent 6-3 decision of the supreme court about a guy in texas in jail for shoplifting some videotapes at walmart. that's an offense that in texas gets you two years, and he's done his two years and wants out. texas wants him to serve 6 years, based on what they admit was a mistake in his sentencing.
the majority notes that he's out on bail while some other issues get litigated, and remands.
kennedy, in a one page dissent, blasts texas for bad faith undermining the republic. souter and stevens also dissent.
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