Dan Epps

I think you can't grant that motion unless you have a theory of what to do with all this non-record evidence. Because he's going to want to talk about the non-record evidence.

I think you can't grant that motion unless you have a theory of what to do with all this non-record evidence. Because he's going to want to talk about the non-record evidence.

Yeah. Okay. So as I understand the Supreme Court's ruling, we've got three issues. Yeah. One is the jurisdictional question. Does the Supreme Court have jurisdiction or is this barred by an AISG? Adequate and independent state ground. Yes. Thank you. Two is the merits. Was there a NAPU violation? Yep. And three is the remedy. Yep. Okay. And I would say...

Yeah. Okay. So as I understand the Supreme Court's ruling, we've got three issues. Yeah. One is the jurisdictional question. Does the Supreme Court have jurisdiction or is this barred by an AISG? Adequate and independent state ground. Yes. Thank you. Two is the merits. Was there a NAPU violation? Yep. And three is the remedy. Yep. Okay. And I would say...

Okay. And just to put it on the table, the majority says, yes, there's jurisdiction. This is not an independent. There's not an independent state procedural bar. And we got six votes on that. Six votes on that. Yes, there's a NIPU violation. Or yes, the lower court has misapplied NIPU. And then on the remedy, there are six votes to say we are confident that there is a NIPU violation. Right?

Okay. And just to put it on the table, the majority says, yes, there's jurisdiction. This is not an independent. There's not an independent state procedural bar. And we got six votes on that. Six votes on that. Yes, there's a NIPU violation. Or yes, the lower court has misapplied NIPU. And then on the remedy, there are six votes to say we are confident that there is a NIPU violation. Right?

We are confident there's a Nupu violation. Is that because he dealt with the Glossop case when he was on the 10th Circuit? I mean, this case has been on the 10th Circuit for 20 years, so I assume. I mean, that must be. I assume he's been on a Glossop case.

We are confident there's a Nupu violation. Is that because he dealt with the Glossop case when he was on the 10th Circuit? I mean, this case has been on the 10th Circuit for 20 years, so I assume. I mean, that must be. I assume he's been on a Glossop case.

And then to say, no need to remand to the lower court to try the Nupu analysis over again because they're so clearly wrong that we just conclude that he needs a new trial.

And then to say, no need to remand to the lower court to try the Nupu analysis over again because they're so clearly wrong that we just conclude that he needs a new trial.

Six to say jurisdiction, six to say they got it wrong, and five to say they got it wrong and they can't possibly be right, so we'll just fix it.

Six to say jurisdiction, six to say they got it wrong, and five to say they got it wrong and they can't possibly be right, so we'll just fix it.

Yeah. And Barrett also says she thinks the jurisdictional question is closer than the majority does, even though she still agrees with them.

Yeah. And Barrett also says she thinks the jurisdictional question is closer than the majority does, even though she still agrees with them.

I know. Yeah. Nothing they care about. Okay, so oral argument I felt like was mostly about the jurisdictional question, or at least that was a big part of argument. Because there are these various procedural bars, but the Oklahoma Court of Criminal Appeals opinion, not a model of clarity. And so what the majority says is,

I know. Yeah. Nothing they care about. Okay, so oral argument I felt like was mostly about the jurisdictional question, or at least that was a big part of argument. Because there are these various procedural bars, but the Oklahoma Court of Criminal Appeals opinion, not a model of clarity. And so what the majority says is,

Upfront, they say, well, the Attorney General has confessed error, but we're not going to accept the confession of error because the confession of error is not based in law. In fact. Based in law, in fact, which seems to involve some kind of merits determination.

Upfront, they say, well, the Attorney General has confessed error, but we're not going to accept the confession of error because the confession of error is not based in law. In fact. Based in law, in fact, which seems to involve some kind of merits determination.

They make a merits determination that they don't agree with the confession of error, and that's upfront before they get into anything else.

They make a merits determination that they don't agree with the confession of error, and that's upfront before they get into anything else.