Dan Epps

I basically come out with just as Barrett came out on that. I do think the more natural, I guess I'll say two things. The more natural reading to me was we are rejecting this confession of error in part because we disagree with other merits and part because that is a sensible rule about confessions of error. So that was what I read them to do.

I basically come out with just as Barrett came out on that. I do think the more natural, I guess I'll say two things. The more natural reading to me was we are rejecting this confession of error in part because we disagree with other merits and part because that is a sensible rule about confessions of error. So that was what I read them to do.

And my experience with the Oklahoma Court of Criminal Appeals, which is 20 years old or so, 18 years old, not quite as old as Glossop's experience with them.

And my experience with the Oklahoma Court of Criminal Appeals, which is 20 years old or so, 18 years old, not quite as old as Glossop's experience with them.

in which some of these puzzles occurred and my experience was that it was frequently the case that the oklahoma court of criminal appeals as procedural rulings were intertwined with merits determinations okay like they would have these thresholds to get an evidentiary hearing and at first it looked like a state law standard but we dug into it it would turn out that there was some again kind of sensible like merits gut check as part of this right like

in which some of these puzzles occurred and my experience was that it was frequently the case that the oklahoma court of criminal appeals as procedural rulings were intertwined with merits determinations okay like they would have these thresholds to get an evidentiary hearing and at first it looked like a state law standard but we dug into it it would turn out that there was some again kind of sensible like merits gut check as part of this right like

You want a late hearing. And if you have a really good argument, they'll let you have one. And if not, not. Yeah. So it would not surprise me if that's going on here.

You want a late hearing. And if you have a really good argument, they'll let you have one. And if not, not. Yeah. So it would not surprise me if that's going on here.

That's the threshold issue.

That's the threshold issue.

Yeah. And I don't really understand NAPU for the reasons I already sort of established. I don't quite understand the prosecutor's duties here, and I don't quite agree with the extra record evidence, but I guess it's been pretty straightforward. On the record, they have, once you get through the procedural violations, given the precedents, the merits seem pretty straightforward.

Yeah. And I don't really understand NAPU for the reasons I already sort of established. I don't quite understand the prosecutor's duties here, and I don't quite agree with the extra record evidence, but I guess it's been pretty straightforward. On the record, they have, once you get through the procedural violations, given the precedents, the merits seem pretty straightforward.

Yes. Although I will say I found the arguments in, the arguments against the majority made the majority seem stronger to me because it seems like the counter argument is, well, come on, everybody knew he was lying because nobody prescribes lithium for a toothache. That doesn't make any sense. Yeah. That's not a good argument. Yeah. False testimony.

Yes. Although I will say I found the arguments in, the arguments against the majority made the majority seem stronger to me because it seems like the counter argument is, well, come on, everybody knew he was lying because nobody prescribes lithium for a toothache. That doesn't make any sense. Yeah. That's not a good argument. Yeah. False testimony.

Surely there's a due to correct, obviously false testimony. Yeah. And I mean, maybe this is where the Brady claim and the Nipu claim ended up being a little bit of tension. Cause if you want to be able to say, look, he was so obviously lying that the defense already had everything they needed to know to attack this. Then the Nipu claim is ironclad. Yeah.

Surely there's a due to correct, obviously false testimony. Yeah. And I mean, maybe this is where the Brady claim and the Nipu claim ended up being a little bit of tension. Cause if you want to be able to say, look, he was so obviously lying that the defense already had everything they needed to know to attack this. Then the Nipu claim is ironclad. Yeah.

And if you want to say, well, maybe he was telling the truth. Well, then the Brady claim that would have allowed you to get into the truth becomes even more important. Yeah.

And if you want to say, well, maybe he was telling the truth. Well, then the Brady claim that would have allowed you to get into the truth becomes even more important. Yeah.

So mostly I just find it's really, really bizarre that 30 years later, like whether the second capital trial gets a return depends on whether or not somebody wrote in the corner piece of paper, Dr. Trumpet.

So mostly I just find it's really, really bizarre that 30 years later, like whether the second capital trial gets a return depends on whether or not somebody wrote in the corner piece of paper, Dr. Trumpet.