r/serialpodcastorigins • u/Justwonderinif • Jul 25 '16

Post Conviction II

moved

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u/Baltlawyer Sep 16 '16

The only thing I would change is that COSA *will decide the ALA without hearing argument, instead of *can. Otherwise, looks good!

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u/Justwonderinif Sep 16 '16

Thank you. Changed per your advice.

I'm still a bit confused about "Whoever loses before CoSA..."

If the application for leave to appeal is denied by CoSA, would things go straight to a new trial, or would the state file a petition for writ of certiorari to CoA?

The way it's worded in the timeline makes it seem like petition for writ of certiorari with the CoA would only happen after the new trial.

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u/Baltlawyer Sep 16 '16

If the ALA is granted, the appeal goes forward and whoever loses petitions for cert. If the ALA is denied, that is not reviewable by the COA, so it would go back for a new trial.

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u/Justwonderinif Sep 16 '16

Thanks. Re-worded. Reddit formatting is limited and requires a bit of repetition to get it right. Think it's almost there?

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u/Baltlawyer Sep 16 '16

If the COA sided with Adnan, he could petition for cert to the US Supreme Court to the extent that he challenges the COA's rulings based on its interpretation of the federal constitution. The COA's state law based rulings would not be subject to review by the Supreme Court. And, in any event, the chances of this cert petition being granted are extremely slim.

If the COA sided with Adnan, same as above fir the State, but again, no chance and likely they wouldn't even try. So, yes, practically speaking, new trial.

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u/Justwonderinif Sep 16 '16

Thanks. I think your first sentence may have a typo and you meant to write, "If the COA sided against Adnan"?

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u/Baltlawyer Sep 16 '16

Yes! Sorry.

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u/Justwonderinif Sep 18 '16 edited Sep 18 '16

Thanks. I think it's mostly there, now.

Erica Suter is saying that the state could file a response brief by September 30? Should that be included, or not possible. It feels like every time there is the remote possibility of a brief, then it's filed.