Saturday, April 24, 2010

Court Decisions: Pierce v Thaler (TX, 2010)

The Anthony Pierce v Thaler (TX, 2010) case has been decided.  The 2009 decision granted Pierce the right to argue his Atkins case, and directed further briefing by the parties. I am told that the new 2010 decision is the final word on the case from the Appeals Court, absent the court granting a rehearing in front of the entire array of judges.

Of interest, was the unsuccessful argument that new evidence had surfaced that had discredited the states experts testimony and techniques  (in a prior Atkins--see prior "voodoo psychometrics" post re: Plata decision).  The court felt that the facts of Plata and Pierce were distinguishable.

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