Thursday, August 23, 2012

Link to the Learmonth "caps" no-decision decision

As promised, here's a link to the Mississippi Supreme Court's opinion in Sears, Roebuck & Co. v. Lisa Learmonth:

Justice Jess Dickinson had several great quotes in the hand down list today.  From Learmonth:  
It is true that what I call a fact is solely supported by circumstantial evidence. But this Court seems to be untroubled when circumstantial evidence rises to the level of “beyond a reasonable doubt” – even in death-penalty cases. So it seems odd that anyone would be troubled by applying circumstantial evidence to the question presented here.
And then from Cecil Ben v. State of Mississippi, a criminal case in which Mr. Ben was convicted of rape and sentenced to life in prison:
If there is any consistency in this Court’s speedy-trial precedent, it is not in why defendants lose; it is in the historical certainty that – for one reason or another – the defendants will lose.
Can't argue with the man there. He goes on:

I have no doubt that, should a defendant come along who indisputably wins all four Barker factors, this Court will feel compelled to improve on Barker and come up with a fifth factor.
Suffice it to say Justice Dickinson was not pleased with those two majority opinions today.

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