Texas man wrongly put away for 18 years denied compensation after legal glitch

[SolidGold]

I'm not sure what you mean by the 18 years comment, could you clarify? In addition, and I've already admitted ignorance here, CAN he bring a new case? Tort law, and generally any attempt to sue the state is complex. I'd LOVE references, because I'm curious about just what his rescourse is, if any.

I was saying stealing 18 years of a mans life should be beyond just punitive. Punitive damages are quasi-criminal, but this court did more than "penalize", they stole this man's life. The courts should be treated more or less as criminals, and this should fall under theft of life, well if I was god anyways... The experience of one's life should be treated as a solid real thing, as in, they actually stole something that is solid and belonged to him. They stole something of value. If I was god or superman, I'd make that a law.

They said when he sues for cruel and unusual punishment his reward would be capped at $200,000. The most common argument against punitive damage "caps" is that caps violate the right to a jury trial. By the jury's decision being stepped on by the judge, the final decision wasn't made by the jury, but by the judge, when in fact you so called have the right to a decision by a jury (right to a jury trial).

Here's a couple punitive damage cap battles...

This first one is only for medical malpractice cases, http://www.ama-assn.org/ama1/pub/upload/mm/378/conchalstatecap.pdf

Texas upheld it as it applied to wrongful death cases. That just shows you what sons of bitches those Texas judges are.

This one isn't from Texas and has no bearing on Texas, but it just shows you why the right to a jury trial is a solid argument that is usually tossed to the side by these gangster thug judges. Scroll down to the dissent (made by Justice Pfeiffer).

http://www.bricker.com/publications-and-resources/publications-and-resources-details.aspx?publicationid=1556

This argument would probably not work in Texas, but its an argument I can think of anyway. I probably thought about it because its the most common for punitive damages. Just my two cents...

By the way, is mental anguish punitive? I would sue them, then have my wife and my kids each sue them separately. Then I would hire a panel of neuroscientists to show that this mental anguish caused by me being locked away caused real physical damage to my brain, and would constitute as assault and battery on my brain.

 

[Containment]

Idk if I lived in texas I might consider being taken off the streets for 18 years and put into a steel bared hotel a good thing. JK but actually idk depends on what type of life I had to live before going into jail I guess. I'v been to that state once and man it had a lot of people in the city's who almost all carried guns.

 

[nismaratwork]

I was saying stealing 18 years of a mans life should be beyond just punitive. Punitive damages are quasi-criminal, but this court did more than "penalize", they stole this man's life. The courts should be treated more or less as criminals, and this should fall under theft of life, well if I was god anyways... The experience of one's life should be treated as a solid real thing, as in, they actually stole something that is solid and belonged to him. They stole something of value. If I was god or superman, I'd make that a law.

They said when he sues for cruel and unusual punishment his reward would be capped at $200,000. The most common argument against punitive damage "caps" is that caps violate the right to a jury trial. By the jury's decision being stepped on by the judge, the final decision wasn't made by the jury, but by the judge, when in fact you so called have the right to a decision by a jury (right to a jury trial).

Here's a couple punitive damage cap battles...

This first one is only for medical malpractice cases, http://www.ama-assn.org/ama1/pub/upload/mm/378/conchalstatecap.pdf

Texas upheld it as it applied to wrongful death cases. That just shows you what sons of bitches those Texas judges are.

This one isn't from Texas and has no bearing on Texas, but it just shows you why the right to a jury trial is a solid argument that is usually tossed to the side by these gangster thug judges. Scroll down to the dissent (made by Justice Pfeiffer).

http://www.bricker.com/publications-and-resources/publications-and-resources-details.aspx?publicationid=1556

This argument would probably not work in Texas, but its an argument I can think of anyway. I probably thought about it because its the most common for punitive damages. Just my two cents...

By the way, is mental anguish punitive? I would sue them, then have my wife and my kids each sue them separately. Then I would hire a panel of neuroscientists to show that this mental anguish caused by me being locked away caused real physical damage to my brain, and would constitute as assault and battery on my brain.

I agree with you completely, and yes, mental anguish can count towards punitive damages and material damages for medical/psyhcological care.

How 18 years on death row doesn't break you completely is beyond me, but you're right... it's hard to imagine coming out of that without PTSD. If there is such a thing as neurological assault and battery, PTSD is the scar left behind.

 

[nismaratwork]

Idk if I lived in texas I might consider being taken off the streets for 18 years and put into a steel bared hotel a good thing. JK but actually idk depends on what type of life I had to live before going into jail I guess. I'v been to that state once and man it had a lot of people in the city's who almost all carried guns.

Texas is very "wild west", but it's also extremely urban... it's HUGE. Death row is small... I can't imagine a life much worse than being caged and condemned for something you didnt do. I know you're kidding around, but it's worth noting anyway that this wad Death he was facing; death for a crime he KNEW he didn't commit.