Will Bode

Although that seems like that should only apply in situations where someone, you have both the errors in front of you.

Although that seems like that should only apply in situations where someone, you have both the errors in front of you.

They're not saying that's a separate, they're just saying it's part of the prejudice analysis. Right.

They're not saying that's a separate, they're just saying it's part of the prejudice analysis. Right.

Yeah. Okay. So they find a violation. Yeah. And then what's the remedy?

Yeah. Okay. So they find a violation. Yeah. And then what's the remedy?

Yeah. And I guess potentially decide whether state law authorizes a new trial or any other state law questions.

Yeah. And I guess potentially decide whether state law authorizes a new trial or any other state law questions.

Or that he wins on the merits, but state, yeah, there's some other reason. You can't get new trial remedy in this posture or something. I don't know. Yeah. That would be the normal thing to do, right? I would think so. So the court is just like, nope, let's just give this guy a new trial. This whole thing kind of has this feel like there's just been so much stuff.

Or that he wins on the merits, but state, yeah, there's some other reason. You can't get new trial remedy in this posture or something. I don't know. Yeah. That would be the normal thing to do, right? I would think so. So the court is just like, nope, let's just give this guy a new trial. This whole thing kind of has this feel like there's just been so much stuff.

This case is just one of these capital cases that's attracted a huge amount of attention. The Oklahoma legislature commissioned an independent investigation that concluded that there were tons of problems. The attorney general hired a law firm to investigate. It found separately there were a ton of problems. The way Oklahoma –

This case is just one of these capital cases that's attracted a huge amount of attention. The Oklahoma legislature commissioned an independent investigation that concluded that there were tons of problems. The attorney general hired a law firm to investigate. It found separately there were a ton of problems. The way Oklahoma –

system of government works, the attorney general can't just let him go free. There's this board of parole. And that board split two to two on possible clemency for him because the deciding tie-breaking vote is the husband of the former prosecutor who had to recuse. So it's just like there's a bunch of – this whole thing just smells bad.

system of government works, the attorney general can't just let him go free. There's this board of parole. And that board split two to two on possible clemency for him because the deciding tie-breaking vote is the husband of the former prosecutor who had to recuse. So it's just like there's a bunch of – this whole thing just smells bad.

And it sort of just seems like the court was like, you know what? We just need to reboot this one. We're just not going to let this keep going. And maybe rushing a little bit over some of the legal and procedural complexities here.

And it sort of just seems like the court was like, you know what? We just need to reboot this one. We're just not going to let this keep going. And maybe rushing a little bit over some of the legal and procedural complexities here.

I mean, that happened, I think, during the Warren Court desegregation era, too, is that there was sometimes cases where the Warren Court just realized that the southern state courts were not going to comply. So they would just say interjudgment for the plaintiff or whatever. Right.

I mean, that happened, I think, during the Warren Court desegregation era, too, is that there was sometimes cases where the Warren Court just realized that the southern state courts were not going to comply. So they would just say interjudgment for the plaintiff or whatever. Right.

Yeah.

Yeah.