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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTexas man has been in prison for 34 years...without being convicted
In 1977, a Texas man named Jerry Hartfield was convicted of murder. His conviction was tossed out three years later because the process used to select his jury was unconstitutional. Yet Hartfield was neither freed from prison nor given a new trial. Last April, a Texas trial judge held that he must remain in prison, despite the fact that the sole legal basis for his detention was overturned nearly 34 years ago, because Hartfield did not actively seek a new trial.
Hartfield is intellectually disabled. His IQ is estimated to be only 51.
On Thursday, Hartfields case grew even more similar to a Franz Kafka novel with a Texas Court of Appeals decision refusing to grant him relief.
The holding of the appeals courts decision is that Hartfield erred by filing what is known as a pretrial habeas petition, when the appropriate remedy for an alleged violation of ones constitutional right to a speedy trial is a pretrial motion to set aside the charging instrument on speedy-trial grounds. The reason why this highly legalistic distinction matters is that, while a denial of a pretrial habeas petition can sometimes be appealed immediately, the denial of a speedy-trial pretrial motion to quash an indictment may be appealed only after conviction and sentencing.
Hartfield is intellectually disabled. His IQ is estimated to be only 51.
On Thursday, Hartfields case grew even more similar to a Franz Kafka novel with a Texas Court of Appeals decision refusing to grant him relief.
The holding of the appeals courts decision is that Hartfield erred by filing what is known as a pretrial habeas petition, when the appropriate remedy for an alleged violation of ones constitutional right to a speedy trial is a pretrial motion to set aside the charging instrument on speedy-trial grounds. The reason why this highly legalistic distinction matters is that, while a denial of a pretrial habeas petition can sometimes be appealed immediately, the denial of a speedy-trial pretrial motion to quash an indictment may be appealed only after conviction and sentencing.
http://thinkprogress.org/justice/2014/08/15/3471971/there-is-a-man-in-texas-who-has-been-imprisoned-34-years-without-a-conviction/
Another article on the case...
http://www.nydailynews.com/news/national/texas-inmate-conviction-overturned-1980-behind-bars-article-1.1761084
Texas is now planning to retry the case. Although it is uncertain how exactly they plan to do that since the apparent murder weapon has been lost and witnesses have since died.
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Texas man has been in prison for 34 years...without being convicted (Original Post)
davidn3600
Aug 2014
OP
former9thward
(31,996 posts)1. What a waste of money.
Even if he is guilty he has served 37 years. That is far longer than most murder sentences.
avebury
(10,952 posts)2. I would be concerned about the poor man's
ability to survive on the outside at this point.
secondwind
(16,903 posts)4. poor fella... :-(
NYC_SKP
(68,644 posts)5. I'll bet he isn't of European heritage.
I'll bet he's a black man, and I'll take it back if I'm wrong.
csziggy
(34,136 posts)8. Totally correct!
Enthusiast
(50,983 posts)6. Jesus Christ.....Texas.
At least he wasn't a hanging judge.
Yo_Mama_Been_Loggin
(107,954 posts)7. Sounds like that judge is proud to be an asshole.
Is he Louie Gohmert's kin?