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Alito's First Opinion:
Over at my solo blog, I have two posts up about Justice Alito's first opinion, which was handed down this morning: Alito's First Opinion Gives New Trial to Capital Murder Defendant on Due Process Grounds and Holmes v. South Carolina and Constitutional Theory.
Scotty:
Orin, we miss your posts here! Come back!
5.1.2006 4:37pm
Mike BUSL07 (mail) (www):
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The rule applied in this case appears to be based on the following logic: Where (1) it is clear that only one person was involved in the commission of a particular crime and (2) there is strong evidence that the defendant was the perpetrator, it follows that evidence of third-party guilt must be weak. But this logic depends on an accurate evaluation of the prosecution's proof, and the true strength of the prosecution's proof cannot be assessed without considering challenges to the reliability of the prosecution's evidence.
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Nice one.
5.1.2006 5:11pm