9TH CIRCUIT FUCKS OVER HABEAS PRISONER--MISAPPLIES AEDPA
| slim_shady_man | 04/04/12 | | John Ruskin, recoiling at Demi Moore's full bush | 04/04/12 | | slim_shady_man | 08/15/12 | | ............;................;............. | 04/04/12 | | slim_shady_man | 04/04/12 | | Flame of the Waking Universe | 04/04/12 | | slim_shady_man | 04/04/12 | | ;;;'''...,,, | 04/04/12 | | slim_shady_man | 04/04/12 | | ;;;'''...,,, | 04/04/12 | | slim_shady_man | 04/16/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 04/05/12 | | ,,.,...,..,.,.,:,,:,...,:::,...,:,.,.:...:.,:.::, | 04/04/12 | | slim_shady_man | 04/04/12 | | ;;;'''...,,, | 04/04/12 | | ,,,,,.....,,,,,,........,,,. | 04/05/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 04/05/12 | | gooroo | 04/16/12 | | ;;;'''...,,, | 04/05/12 | | ;;;'''...,,, | 04/05/12 |
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Date: April 4th, 2012 10:07 PM
Author: slim_shady_man
Subject: here is the intro to the facts
Schneider and his girlfriend, Lisa Dehmer, had attacked and robbed Randy Krotz in Krotz’s apartment on August 12, 1996. According to Krotz, Schneider and Dehmer came to Krotz’s apartment that day to see if he wanted to buy drugs. Krotz paid Schneider fifteen dollars for methamphetamine and injected the drug. Dehmer then grabbed Krotz’s fanny pack to look for more money, bit him on the nose, and hit him. Schneider ordered Krotz to the floor and, with Dehmer’s help, tied Krotz’s hands and feet and gagged him. Schneider held a knife against Krotz’s body as Dehmer went through the apartment, presumably looking for money. Krotz testified that over a period of approximately two hours Schneider and Dehmer stabbed him, cut him, hit him with the butt end of the knife, kicked him, cut his hair, poured pickle juice in his wounds, and broke a jar over his head. Eventually, Schneider and Dehmer left the apartment with the money they had found and some of Krotz’s personal property, leaving him bound and gagged. Krotz managed to free his feet and got help from a neighbor
(http://www.autoadmit.com/thread.php?thread_id=1916364&forum_id=2#20393558) |
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Date: April 4th, 2012 10:19 PM
Author: slim_shady_man
The state tried Schneider and Dehmer together. Immediately prior to trial, both Dehmer and Schneider moved to
sever their trials. In his motion, Schneider argued that he
would suffer prejudice by being tried with Dehmer because
she planned to offer a coercion defense that would involve
evidence that Schneider beat Dehmer and that he was part of
the Aryan Brotherhood. The trial judge denied the motions.
At trial, Dehmer introduced evidence that Schneider had
beaten her and, on two occasions, mentioned Schneider’s
affiliation with the Aryan Warriors or Aryan Brotherhood. On
the first occasion, Dehmer testified that she could not escape from Schneider because she would have been labeled a snitch, and that Aryan Warriors kill snitches. Schneider did not object to this testimony. Later, while cross-examining Dehmer, Schneider’s attorney suggested that Dehmer’s belief that Schneider had his friends watching her was the result of a heroin-induced psychosis. Dehmer responded, “It’s a little circle of Aryan Brotherhood.” Schneider requested that the comment be stricken. The trial judge agreed that the comment was non-responsive, struck it from the record, and admonished the jury to disregard it.
On October 23, 2008, the district court granted in part and
denied in part a motion to dismiss the First Amended Petition.
In its order, the district court held that Schneider’s original petition was timely because Schneider was entitled to equitable tolling of the Anti-Terrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations for the time period of September 4, 1997, through November 20, 2005. The district court concluded that Schneider’s “mental health conditions constituted extraordinary circumstances standing in the way of his filing a timely federal petition, such that he likely would have been unable to file a timely federal petition due to those circumstances.” Findings of Fact, Conclusions of Law, and Order at 4 (Oct. 23, 2008). Nevertheless, the district
court held that Grounds 3, 4, 5, and 6 of the amended petition were untimely because they did not relate back to the original petition, and were, therefore, filed outside the limitations period. The district court also held that, while timely, Grounds 2 and 7 of the amended petition were barred by Schneider’s procedural default. That is, while Schneider’s mental health condition could excuse his failure to file a federal petition within AEDPA’s one-year limitations period, it did not constitute cause to excuse his failure to comply with state procedures. On July 9, 2009, the district court denied Ground 1 of Schneider’s amended petition on the merits
(http://www.autoadmit.com/thread.php?thread_id=1916364&forum_id=2#20393650) |
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Date: April 5th, 2012 3:20 AM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
lol, pickle juice
(http://www.autoadmit.com/thread.php?thread_id=1916364&forum_id=2#20395599) |
Date: April 4th, 2012 10:11 PM
Author: ,,.,...,..,.,.,:,,:,...,:::,...,:,.,.:...:.,:.::,
lol it's hilarious that s_s_m posts here like an OCD faggot but when you actually discuss AEDPA and habeas with him he has no idea what the fuck he's talking about.
(http://www.autoadmit.com/thread.php?thread_id=1916364&forum_id=2#20393585) |
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Date: April 5th, 2012 1:31 AM
Author: ,,,,,.....,,,,,,........,,,.
true story.
s_s_m only knows how to copy-paste; i don't think there's ever any comprehension.
(http://www.autoadmit.com/thread.php?thread_id=1916364&forum_id=2#20395124) |
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Date: April 5th, 2012 3:20 AM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
(http://www.autoadmit.com/thread.php?thread_id=1916364&forum_id=2#20395597) |
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