Wednesday, August 18, 2010

Not Monday, but Friday for Jeffs

Next Friday, that is.
The State of Utah will a hearing Monday to appeal the unanimous ruling of the Utah Supreme Court, but there will be time to digest whatever ruling comes out of that hearing, file whatever motions must be filed and raise whatever objections there will be.
The Salt Lake Tribune - "Walter F. Bugden, one of Jeffs’ attorneys, said he will file a habeus corpus motion opposing the extradition until there is a resolution in the Utah case.

'It is not only a question of fairness but of constitutional proportion to shuttle him back and forth between states,' Bugden said. 'I think that the decision should be made and shouldn’t just be left pending until after he has a trial in Texas. I think it is fundamentally unfair to not finish what they started.' "
This gives Wally the maneuvering room to make whatever objections he will make is an indication his arguments have basic weight. This is provided of course, Utah's Supremes do not "reconsider" their decision. In addition, there is no "Constitutional Right" of Texas to dispose of "more serious charges" but there is a Constitutional right to a speedy trial. Offhand that would seem to trump any claim Texas has to Warren for the time being.

Of course Utah could always just drop the charges and clear the way for Texas to take Warren, and that is what I expect will happen if nothing changes Monday. The whole purpose of the hearing Monday is to re-instate Warren's conviction so that he has no right to a speedy trial, having already had a trial. Utah then hopes (as does Texas) to send Warren to Texas a Guilty man, not an innocent one. Once in Texas, Utah and Texas both don't care if the Utah Supremes reaffirm their decision because Warren will then be in Texas. They figure he can argue a speedy trial in Utah all he wants from Texas, while he is waiting for trial in Texas. Speed does not help Warren in Texas.

This is such a cynical move that even I was mildly surprised by it. Utah has no hope at all of retrying Warren and gaining a conviction, but the political pressure on the Utah Supreme Court is now immense. They've already whined how their clear, correct and unanimous decision forces hardship on the "victim" of a nonexistent crime. The pressure is now to "reconsider" their decision, even though everyone knows the only change in outcome would be whether the decision was unanimous or not. All the move on Utah's part does if successful, is to void Warren's request for a new trial.

Texas does not want an innocent Warren in their courts, which will raise the issue of whether he deserves bail or not. Texas wants the prejudicial effect of his conviction to still be in place when they do try Warren. Texas doesn't want to grant Warren bail. Texas is not in the slightest, interested in Justice.

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Canadian said...

Texas doesn't care if he comes as a convicted felon or an innocent, they just want him and he won't be granted bail, Judge Walther has already issued a no bail order for him.

The Pharisee said...

So then why the completely ridiculous move to appeal the Unanimous Utah Supreme Court decision Canadian? Do you have another one other than it serves to cancel out Warren's "speedy trial" request?

Utah is doing this FOR Texas, they have no hope of a conviction in a retrial.

Canadian said...

More like Thursday the 26th at 1:00 in West Jordan.

The Pharisee said...

When I wrote it, it was Friday, things change and I'm on the road.

Canadian, you've posted here before, as someone else. Quit pretending to be things and people, you are not.