Monday, September 18, 2006

Sex Offenders/ 9th Circuit Court

The Los Angeles Times had a couple interesting stories today.

This one is an informative look at Prop 83, the initiative on the November ballot that places further restrictions on sex offenders. Some interesting stuff there, at least to me, although I was aware of some of the things brought up.

This one takes a look at the 9th Circuit Court of Appeals and some of its rulings that are being reviewed by the Supreme Court. Will the recent ruling against Worth Dikeman be one of them?


At 10:02 AM, Blogger Eric V. Kirk said...

Dikeman's case, or I should say the Kessler case, will only be considered for cert if the DA applies for it. And even if it does, being granted cert at SCOTUS is like winning the lottery.

At 1:14 PM, Anonymous Anonymous said...

Sorry eric, you are wrong here. It will only be looked at if the attorney general applies for it and from what I hear, they have already said that that would be the case given the state of the law. Since the law prior to this was that if you had race neutral and there was an arguable race element, then the race neutral controlled. Here the 9th Circ. struck out in a different direction and because it will effect a lot of other cases and it is a departure from the other circuits, my guess is the the Supremes will grant cert.

At 5:26 PM, Blogger ΛΕΟΝΙΔΑΣ said...

"In Georgia, offenders are also barred from living near bus stops and churches."
The school board of a Georgia county designated a new school bus stop which happened to also be the driveway of a man who pleaded guilty several years ago to "statutary rape" of a 17 year old. He claims to be in fact not guilty but entered into the plea bargain to avoid the possibility of a long prison term on other offenses. He now has a wife and 2 small children and must move from a home he inherited from his parents and and has lived in all his life. A "one size fits all" law in not "justice".

At 5:35 PM, Blogger Eric V. Kirk said... will effect a lot of other cases...

In how many other cases are prosecutors discriminating according to race?

In any case, we'll see. But I've heard that the case has already been re-assigned for trial.

At 5:54 PM, Blogger Rose said...

Oh, for crying out loud Eric, even a layman knows that jury selection is all about profiling. Women with kids, people who drink, business owners, high school dropouts, practitioners of witchcraft, you know full well that trial lawyers hear it all.

Will this potential juror be prejudiced against the state's case, or against the defense case? Both sides get to attempt to weed out SOME jurors, but even that is limited.

Have you even stopped to consider the fact that it might not have been that Dikeman was "racist" but that he feared those particular jurors WOULD BE?

Regardless, I know Worth Dikeman, and he is far from being a racist. And shame on you for perpetuating this fallacy.

The Salzman smear machine has done their job well with you, Eric. The easy rhetoric carries the day.

At 7:43 PM, Blogger Steve Lewis said...

It seems Progs can't get even enough with Dikeman-it's going to blow up in their faces when the truth comes out that Progs are contributing to the silent genocide of tribes by smearing the name of the Heartland's Project's lawyer's husband.

The Heartlands Project is all about returning ancestral lands to tribes and yet here we have Progs using tribal members such as the Bowmans who have their own family ax to grind against Bowman in a way that will hurt Bear River's opportunity for regaining thousands of lost ancestral lands. Ms. McCovey, Yurok tribal member who hangs with enviros and Progs, seems to have gotten the hit Dikeman command somewhere because there's her column in the T-S dissing Dikeman. Where was she when Sparky and I were asking her friend Julia Butterfly to help the Bear River tribe regain their lost land? Does she even know Ms. Butterfly refused to help Bear River stating "Indians must move on past past hurts..", e.g. forget their demands for land and be happy with the 60 acres they've got.

Enviros and Progs are not there to help Native Americans but to use them as tools in their political war games arsenal. This trashing of Dikeman is very sick with anyone contributing to the smear job, and that means you too, eric, contributing to people who have already shown their contempt of Native American issues by going out of their way to stop the Heartlands Project that aims to recover lost N.A. sacred sites and ancestral lands. Something to think about seriously before continuing on about Worth Dikeman and racism. At least the Dikemans have done something constructive to help NAs whereas the Bowmans are hurting their own tribe's land acquisition opportunity.

At 11:56 PM, Anonymous Anonymous said...

I may be wrong about this but I think Dikeman kept at least one Native American on that jury.

At 12:30 AM, Blogger Eric V. Kirk said...

Have you even stopped to consider the fact that it might not have been that Dikeman was "racist" but that he feared those particular jurors WOULD BE?

I don't believe Dikeman is a racist. What he said is true, Native Americans do tend to be more suspicious of the criminal justice system because they are more often victimized by it. I sympathize with his desire to avoid that influence on his jury. But it's illegal. End of story.

At 10:22 AM, Anonymous Anonymous said...

Sorry eric - not the end of the story at all.

By the way - who has it been reassigned to since you evidently are in the know? Funny---cause it won't be back until the remittitur is in place and that can't happen until the USSC decides whether or not to grant cert. My money is on the side of the USSC will grant cert. Tell me Eric, are you willing to wager on this since you are so positive that it was illegal? You know, a gentlemen's bet

At 10:58 AM, Blogger Eric V. Kirk said...

Sure. I'll put up money for lunch.

I don't know who the file was given to. I was told last week that it was assigned to someone besides Dikeman, which probably should have given me a clue as to what was going to happen at the end of the week, but I just didn't think much about it.

Has there even been an application for cert?

At 9:39 AM, Anonymous Anonymous said...

If you don't know who the file was given to, why say it? (the facts please) Who told you? (the facts please.) Since the AG has said they will apply for cert.on the matter, they probably will follow through.

At 10:40 AM, Anonymous Anonymous said...

The LaValle regime gets paid to bring in sex offenders into Eureka .

At 10:53 PM, Anonymous Anonymous said...

He is the Chairman of the rcaa . I just checked the site out .

Alex H .


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