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What Next - Does Proof Matter at the Supreme Court?

Slate News

Slate Podcasts

News Commentary, Politics, News

4.56K Ratings

🗓️ 6 June 2022

⏱️ 24 minutes

🧾️ Download transcript

Summary

The Sixth Amendment is supposed to guarantee the right to a fair trial—including a lawyer, even if the defendant can’t afford one. But Indigent Defense is woefully underfunded and, sometimes, State-appointed lawyers are nowhere near as competent as Federal attorneys. A new Supreme Court ruling makes it more difficult to use exonerating evidence discovered on a federal level to prove innocence, even if state counsel didn’t look for it.


Guest: Leah Litman, law professor at University of Michigan, specializing in constitutional law and federal courts, and co-host of the podcast Strict Scrutiny


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Transcript

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0:00.0

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0:32.8

heads up on today's show we talk about the details of a murder investigation take care of yourself

0:38.4

while listening.

0:45.4

Leah Litman has known Barry Jones name for five years now. She first heard about him from a story

0:52.1

that ran over at the intercept. This investigative piece with a bleak takeaway about how Arizona

0:59.2

was trying to execute an innocent man whose conviction rested on faulty evidence that had been

1:07.2

revealed to be faulty. Barry Jones is this man. A man on death row convicted of killing his

1:15.0

girlfriend's daughter, a preschooler named Rachel back in 1994. When the investigator did the

1:23.2

autopsy, they concluded she died because of blunt force trauma to her stomach that had caused a

1:32.7

portion of her intestines to burst and that that had caused her death. It sounds so brutal. It was.

1:47.3

When did it become clear that maybe something had gone wrong with this case?

1:52.1

So I think the unfortunate reality is that at various points and observer looking in, seeing what

2:04.4

was happening would have realized something is going horribly wrong and it just kept getting worse

2:13.2

and worse. First, Jones lawyers failed to fully investigate the crime and then they failed to call

2:20.5

in medical experts. After he got convicted, Barry Jones appealed. He said his lawyers hadn't done

2:26.6

their jobs. He started out in state courts, then he went to the federal. That got him new representation.

2:34.5

And this attorney said about correcting the record. They contacted actual medical experts and

...

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