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Old 18th May 2019, 03:20 AM   #1419
Henri McPhee
Illuminator
 
Join Date: Dec 2012
Location: Bristol UK
Posts: 3,586
Originally Posted by JTF View Post
At the 2012 evidentiary hearing, Judge Fox's decision to allow both the defense and the government to present the evidentiary kitchen sink, was the result of the following mandate from the 4th Circuit Court.

"We elaborated that the court must make its “ 2255(h)(1) determination — unbounded ‘by the rules of admissibility that would govern at trial’ — based on ‘all the evidence, including that alleged to have been illegally admitted [and that] tenably claimed to have been wrongly excluded or to have become available only after the trial.''
The 4th Circuit judges were on the correct murder trail in that statement. It's just that the criminal defense lawyers had no way of proving the hair and fiber evidence was illegally admitted or wrongly excluded, or to become available after the trial, because biased old judge Fox insisted it was all about Jimmy Britt and a few DNA tests. Personally, I would have had a few unseemly wrangles about the black wool fibers with no known source, and the blonde synthetic hair-like fibers, and the fabric impressions by unqualified Stombaugh, and the pajama folding experiment, and doubting the integrity of Blackburn, and a few other things, like making it up. There is a bit about this sort of thing at this website:

https://www.kurtzandblum.com/crimina...minal-defense/

Quote:
Recently a photo of the Raleigh, North Carolina, crime lab at the State Bureau of Investigation (SBI) showed analysts with their elbows on the table. This is a prime example of how contamination can occur and should never take place in a lab.

Last edited by Henri McPhee; 18th May 2019 at 03:22 AM.
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