Thursday, June 18, 2009

Justices Rule

Inmates Don’t Have Right to DNA Tests - NYTimes.com:

"Justice Scalia said he was struck by the absence of a full-throated declaration of innocence from the defendant, and quoted from a sworn statement Mr. Osborne had submitted to the state courts: “I have no doubt whatsoever that retesting of the condom will prove once and for all time...”

Here, Justice Scalia observed, a listener would expect to hear the words “my innocence.” But the defendant did not say that, saying instead “either my guilt or innocence.”

Hmmm? Sounds as if a Justice was using his 'emotions' to decide a case. Indeed.

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