Comments on: Death by Bowles v. Russell? http://www.concurringopinions.com/archives/2007/10/death_by_bowles.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Scott Dodson http://www.concurringopinions.com/archives/2007/10/death_by_bowles.html/comment-page-1#comment-51814 Scott Dodson Mon, 29 Oct 2007 17:21:32 +0000 http://www.solove.org/archives/2007/10/death-by-bowles-v-russell.html#comment-51814 Bowles is a big case. For those who are interested in commentary on it, see Northwestern University Law Review's Colloquy conversation here and here and my blog post about it here. Bowles is a big case. For those who are interested in commentary on it, see Northwestern University Law Review’s Colloquy conversation here and here and my blog post about it here.

]]> By: B http://www.concurringopinions.com/archives/2007/10/death_by_bowles.html/comment-page-1#comment-51813 B Fri, 26 Oct 2007 15:09:52 +0000 http://www.solove.org/archives/2007/10/death-by-bowles-v-russell.html#comment-51813 I'm glad you blogged about the story, but Bowles has nothing to do with this. Even leaving aside the federal vs. state law issue. On the day Richard was scheduled to be executed, the Supreme Court granted cert in a case that called his execution into question. His attorneys rushed to request a stay. There is no "jurisdictional" bar, in the Texas CCA or any court that I am familiar with, to a court accepting an after-hours filing in such an exigent situation. Other judges on the court were waiting around for a last-minute filing. Certainly Keller has not claimed that she was powerless to allow a filing at 5:20 rather than 5. The only question here is whether there was some miscommunication that explains what happened or instead whether Keller simply abused her control over the administrative staff in gross fashion and to the shame of the CCA (which would be quite a feat). I’m glad you blogged about the story, but Bowles has nothing to do with this. Even leaving aside the federal vs. state law issue.

On the day Richard was scheduled to be executed, the Supreme Court granted cert in a case that called his execution into question. His attorneys rushed to request a stay. There is no “jurisdictional” bar, in the Texas CCA or any court that I am familiar with, to a court accepting an after-hours filing in such an exigent situation. Other judges on the court were waiting around for a last-minute filing. Certainly Keller has not claimed that she was powerless to allow a filing at 5:20 rather than 5.

The only question here is whether there was some miscommunication that explains what happened or instead whether Keller simply abused her control over the administrative staff in gross fashion and to the shame of the CCA (which would be quite a feat).

]]> By: AYY http://www.concurringopinions.com/archives/2007/10/death_by_bowles.html/comment-page-1#comment-51812 AYY Fri, 26 Oct 2007 09:04:40 +0000 http://www.solove.org/archives/2007/10/death-by-bowles-v-russell.html#comment-51812 Beldar has some interesting information about this. See http://beldar.blogs.com/beldarblog/2007/10/more-facts-rece.html and http://beldar.blogs.com/beldarblog/2007/10/was-michael-ric.html BTW, why do you say he was executed because his attorneys missed a deadline? He was executed because he committed a capital crime. Beldar has some interesting information about this.

See http://beldar.blogs.com/beldarblog/2007/10/more-facts-rece.html

and

http://beldar.blogs.com/beldarblog/2007/10/was-michael-ric.html

BTW, why do you say he was executed because his attorneys missed a deadline? He was executed because he committed a capital crime.

]]> By: Howard Wasserman http://www.concurringopinions.com/archives/2007/10/death_by_bowles.html/comment-page-1#comment-51811 Howard Wasserman Fri, 26 Oct 2007 04:14:54 +0000 http://www.solove.org/archives/2007/10/death-by-bowles-v-russell.html#comment-51811 Bowles was about time requirements for filing appeals in federal court; it has no effect on the time requirements in state court. Judge Keller would have to do her own analysis of the nature of the Texas rules (whether legislatively or judicially created). I suppose Bowles was be persuasive of how the Texas rules should be understood. But Bowles certainly would not have required Judge Keller to do (or not do) anything. Bowles was about time requirements for filing appeals in federal court; it has no effect on the time requirements in state court. Judge Keller would have to do her own analysis of the nature of the Texas rules (whether legislatively or judicially created). I suppose Bowles was be persuasive of how the Texas rules should be understood. But Bowles certainly would not have required Judge Keller to do (or not do) anything.

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