[sesIgnose]

What's the problem?

[occafeVes]

Courthouse filing windows are known for this.

Definition of a deadline: Cross over the line, you're dead.

[JessePex]

The problem is the judiciary in Texas is eager to kill everyone they can get their hands on. the problem is the attorneys didn't get their work done on time and are looking for someone else to blame.

[fuslkdhfma]

This is not an issue of "on time". The Supreme court did not make its ruling till that morning. The attorneys were unable to make it in time to file on the same day, that is not unreasonable, nor it is an issue of their lazyness or negligence.

The lawyers had to file on the same day this occured.

The Supreme court taking up the issue of the constitutionality of lethal injection is big news and some courts have already put a morotorium on new executions till the issue is resolved, considering it is life or death. Thats right, the case is not even decided but only because it is being decided, some courts put a stay on all executions.

Why? Because the constitutionality of lethal injection is in question and they want to wait till it is decided instead of killing people in an inhumane way.

Texas responds by putting its fingers in it's ears and saying "la la la la" I can't hear you.

[avaiguite]

Originally posted by Vesayen
A little leeway, even a stay of execution for ONE day to hear the appeal is required by human decency. Why? He's guilty and even they admit it and the rules were well known to the lawyers and should have been followed. The fact they openly admit they believe in his guilt is likely thr reason they were "late."

[mplawssix]

This is not an issue of "on time". The Supreme court did not make its ruling till that morning. The attorneys were unable to make it in time to file on the same day, that is not unreasonable, nor it is an issue of their lazyness or negligence. You're the attorney. Get on your computer and:
Pull of copy of caption page of the case.
Change title to "Request for Stay."
Open paragraph: To the Honorable Court [blah, blah].
Write "Background":
Then "On mo/day/yr, defendant ___ was convicted of murder and senteced to death by lethal injection. (See, Exh. 1.) Earlier today, the U.S. Surpreme Court granted a writ of cert. on the question of whether death by lethal injection violates the Cruel & Unusual Punishment Clause of the U.S. Constitution. (See, Exh. 2.) The execution of defendant ___ is set for 6 p.m. tonight. (See, Exh. 3.) Due to the pending review of the constitutionally of the means selected by the State of Texas to execute defendant _____, defendant ____ hereby requests his execution be stay for the pendency of the proceedings before the U.S. Supreme Court.
Respectfully submitted,"
Write todays date & sign it.
Attach the 3 exhibits.
Send it in.

15 minutes....

But the attorney undoubted chose to get fancy, take all day writing the brief, and then they either had a computer foul-up like they said, or traffic was bad, or they sent it back for one too many re-writes. They made the blunder...and every U.S. attorney knows that filing windows don't stay open late. EVER!

[Buhoutsoupfap]

Texas is ****ed up!

[Immonnaornach]

Why did the ****wit wait until Zero Hour?

[Vodonaeva]

19 years. Appeals have strung it out, 19 years.

[Irravepem]

Originally posted by SlowwHand
Why did the ****wit wait until Zero Hour? Don't you execute retards?

[unlomarma]

Originally posted by SlowwHand
I tell you what, the people with the negatives vibes, just go on with your business here.
We don't really care what you think, so feel free. Oh yea. Let's see if you keep that tune with economic sanctions imposed on your butts.

[ZanazaKar]

Originally posted by SlowwHand
I could point out the same thing. Your economy is smaller than Canada's. We are more worried about losing trade with them than with you.

[wizardasa]

Originally posted by Vesayen
This is not an issue of "on time". The Supreme court did not make its ruling till that morning. The attorneys were unable to make it in time to file on the same day, that is not unreasonable, nor it is an issue of their lazyness or negligence. Sure it is. Given the simplicity of an application for a stay of this type, they could have made it very generic, no more than two or three pages plus copied exhibits.

They could have made it in advance of the SCOTUS ruling in event of a favorable ruling, then all that would have been needed once SCOTUS ruled was to get the electronic ruling printed off of Westlaw or Nexis or out of the SCOTUS printing office, print and attach it as an exhibit.

[Mappaindy]

Vesayen sounds a lot like the guy on death row.

[#[SoftAzerZx]]

Originally posted by SlowwHand
Vesayen sounds a lot like the guy on death row. Why? Did Vesayen go rape and murder a mother of seven as well?

[jdynwa]

Originally posted by Zkribbler
But the attorney undoubted chose to get fancy, take all day writing the brief, and then they either had a computer foul-up like they said, or traffic was bad, or they sent it back for one too many re-writes. They made the blunder...and every U.S. attorney knows that filing windows don't stay open late. EVER! Yes, this is the beginning and end of this discussion. It's just the way it works. In all 50 states, territories, protectorates, and the District of Columbia.

[juspimoubbodo]

Originally posted by Wycoff


Why? Did Vesayen go rape and murder a mother of seven as well? No, but personal attacks distract from the issue and try to bias people against those who disagree with you. So when you don't have a response to someone and/or a weak argument. Just resort to personal attacks. Tried and true, it'll get you out of your mess.

[ulw7A8Po]

That is such a retarded thing to say. GET HIM!

[mXr8icOB]

Why would any of you twits imagine that the clerk had any discretion in the matter? Filing deadlines, filing requirments, and commonly the clerks hours of operations are not in his hands. They will be determined by statute, state wide procedure rules, and local rules (both type rules are court orders) for the specific court. If the clerk violates any of them, he will be punished, and if it was to do a past deadline filing, it would likely be void anyway. If the attornery needed an extension, he would have to get an order from a judge on the court. Instead of calling the clerk, he would have to run down to the courthouse with whatever motion for extension he can make, and hope a judge would take time out from what ever else he was doing to give him an unscheduled hearing and order. If the court's rule (which is a judicial order) says filing accepted until 5pm of calcualted day or that the clerk shall not accept filings for that court after 5PM, and the clerk takes one at 5:01, he is in contempt of court, facing fine and jailtime. If the deadline is a day without a specific time, but the clerk has no budget left for overtime, he will get reamed for keeping employees after hours. That is the way you will find most courts in the USA and most other countries. A judge has discretionary power, a clerk does not, save that which is expressly written into the rules, and if you wait until 10 minutes before deadline to try and find a judge available for an unscheduled heaing and extention order, you are gulity of malpractice.

[Mereebirl]

Maybe the lawyer was hoping to have the case overturned due to attorney negligence... I can't count the times my mom's opponents in the courtroom have tried that (she's a prosecutor). Hopeless case, try to screw something up big enough to get the case retried with different counsel, but not big enough to get in trouble with the bar ...

Doesn't usually work though, the judge usually sees right through it