Just got this news off of the West Memphis Three website (www.wm3.org.) a link to the right of this journal. Check out both Paradise Lost and Paradise Lost: Revalations about the horrid Robin Hood Hills murders in West Memphis Arkansas back in the 90's. I will have a review of the movie Paradise Lost; Revalations soon.. I belive the West Memphis Three to be innocent as they didn't recieve a fair trial and this case has long been a travesty of justice. FROM WM3.org (The West Memphis Three website):
On February 28, 2005, Damien's lawyers filed a First Amended Petition for Writ of Habeas Corpus in federal court. [For more information, please see our previous Legal Update here.]
On March 2, 2005, the State filed a Motion to Dismiss Petition for Writ of Habeas Corpus for Non-Exhaustion. Because the DNA evidence is still being litigated in Craighead County Circuit Court, that claim has not been "exhausted" in state court. As a result, the State asked the federal court to dismiss the Writ.
On April 28, Damien's attorneys filed a Response to Motion to Dismiss Amended Petition for Habeas Corpus. They requested that the federal court issue an order to stay the Amended Petition for Writ of Habeas Corpus and hold it in abeyance until Damien's claims related to the DNA testing are addressed by the Arkansas courts.
On May 13, 2005, the State filed a Reply to Echols' Response, again asking the Court to dismiss the Petition.
The U.S. District Court issued an Order on August 18, denying the State's request to dismiss: "Petitioner's Petition and Amended Petition for Writ of Habeas Corpus both will be stayed and held in abeyance until Petitioner's DNA claim is exhausted in the state court."
The DNA testing is not yet completed, so Echols' federal Habeas Corpus Petition is still pending. We'll update with more information as it becomes available. LEGAL UPDATE October 19, 2005
On February 28, 2005, Damien's lawyers filed a First Amended Petition for Writ of Habeas Corpus in federal court. [For more information, please see our previous Legal Update here.]
On March 2, 2005, the State filed a Motion to Dismiss Petition for Writ of Habeas Corpus for Non-Exhaustion. Because the DNA evidence is still being litigated in Craighead County Circuit Court, that claim has not been "exhausted"in state court. As a result, the State asked the federal court to dismiss the Writ.
On April 28, Damien's attorneys filed a Response to Motion to Dismiss Amended Petition for Habeas Corpus. They requested that the federal court issue an order to stay the Amended Petition for Writ of Habeas Corpus and hold it in abeyance until Damien's claims related to the DNA testing are addressed by the Arkansas courts.
On May 13, 2005, the State filed a Reply to Echols' Response, again asking the Court to dismiss the Petition.
The U.S. District Court issued an Order on August 18, denying the State's request to dismiss: "Petitioner's Petition and Amended Petition for Writ of Habeas Corpus both will be stayed and held in abeyance until Petitioner's DNA claim is exhausted in the state court."
The DNA testing is not yet completed, so Echols' federal Habeas Corpus Petition is still pending. We'll update with more information as it becomes
PARADISE LOST RELEASED ON DVDOctober 25, 2005
LEGAL UPDATE October 19, 2005
VICTORY FOR ECHOLS!
In March, the State filed a Motion in federal court asking that Damien's Petition for Writ of Habeas Corpus be dismissed. The Defense filed a Response to the Motion followed with
a Reply. Please click here for more details.
The U.S. District Court ruled for the Defense in this Order and denied the State's Motion, with Judge Wilson writing: "Clearly, it would be a miscarriage of justice if Petitioner [Echols] were not afforded federal review of his habeas petition. ... Petitioner has not been able to exhaust his claims in state court and must be afforded theopportunity to do so. Petitioner has demonstrated that there is good cause to hold his habeas petition in abeyance while his DNA claim is litigated. His claim was filed correctly under Arkansas Code Annotated §16-112-201 and Petitioner is awaiting the results so that he may litigate his claim in state court. There is no evidence that Petitioner has engaged in abusive litigation tactics or intentional delay. ... Therefore, after careful consideration, Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus for Non Exhaustion is DENIED." The DNA testing is still ongoing, so Echols' federal Habeas Corpus Petition is still pending. We'll update with more information as it becomes available.
[Full Story] available.
Thanks--Stay Metal-Stay Troo-Stay Brootal-and may JUSTICE Prevail-Free the West Memphis Three- \m/
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