Behold the glories of the American criminal justice system:
The court again cited my Reason work on Hayne going back to 2007 to rule that questions about Hayne's credibility aren't new, and therefore Osborne missed his deadline to file (you have 1 year after the new evidence could reasonably be discovered). But the case against Hayne…— Radley Balko (@radleybalko) August 12, 2019
Osborne filed in 2012 — or 2 years before this very same federal appeals court was *still* ruling that Hayne was credible. The evidence against Hayne was finally overwhelming enough to change the court's mind.
But the court now insists that anyone making a claim that Hayne …— Radley Balko (@radleybalko) August 12, 2019
…and lost, you're usually procedurally barred from challenging that witness again.
There's simply no way Osborne could have won, here. Even though no one thinks "death mask analysis" is credible.
Yet this court is utterly unconcerned. They don't even discuss the Catch-22.— Radley Balko (@radleybalko) August 12, 2019
Well, at least Osborne wasn’t executed after being a convicted using farcical junk science, unlike some former residents of the 5th Circuit one could name.
It gets a lot less attention, but the Antiterrorism and Effective Death Penalty Act was by far the worst of the Clinton-era crime bills. Only 8 senators, including 7 Democrats, voted against it.