There's talk that Obama might pick Georgia Supreme Court Chief Justice, Leah Ward Sears.
She wrote the dissenting opinion when the Court refused to hear witness recantations in Davis v the State: "The majority cites case law stating that recantations may be considered only if the recanting witness's trial testimony is shown to be the 'purest fabrication.' To the extent that this phrase cautions that trial testimony should not be lightly disregarded, it has obvious merit. However, it should not corrupted into a categorical rule that new evidence in the form of recanted testimony can never be considered, no matter how trustworthy it might appear. If recantation testimony, either alone or supported by other evidence, shows convincingly that prior trial testimony was false, it simply defies all logic and morality to hold that it must be disregarded categorically."
Friday, October 17, 2008
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