3 ms·

Under the circumstances, clemency does seem like the best option to me. However, it does not roll back the guilty verdict, which would(?) be possible if resolve

• mulmen 3y ago
  Except it can't be resolved in the judicial arm because the law of Oklahoma explicitly prohibits that from happening.
  • biomcgary 3y ago
    The explicit prohibition that you are referring to: is it explicit in the law written by the legislature or made explicit by prior case law (i.e., judicial interpretation)? I'm curious because I've heard arguments for and against common law that this seems relevant to, if the latter.
    • mulmen 3y ago
      From GavinMcG's (currently top) comment [1] in this thread: > The statute in question ([0] – see (D)(8)) says the court may not consider the merits or grant relief unless there are facts or legal rationales that could not have been raised earlier. The court isn't empowered to do something just because two parties agree. [0] https://casetext.com/statute/oklahoma-statutes/title-22-criminal-procedure/uniform-post-conviction-procedure-act/section-1089-capital-cases-post-conviction-relief-grounds-for-appeal https://casetext.com/statute/oklahoma-statutes/title-22-crim... [1] https://news.ycombinator.com/item?id=35780147 https://news.ycombinator.com/item?id=35780147
      • biomcgary 3y ago
        Thank you, I missed that.