Appeals
Cooper has filed multiple appeals and applications for a writ of habeas corpus, all of which have been denied. On December 4, 2007, the Ninth Circuit Court of Appeals denied Cooper's third federal petition for a writ of habeas corpus. The panel concluded: "As the district court, and all state courts, have repeatedly found, evidence of Cooper’s guilt was overwhelming. The tests that he asked for to show his innocence 'once and for all' show nothing of the sort."
On May 11, 2009, the Ninth Circuit denied Cooper's request for a rehearing en banc of the 2007 panel decision. Four judges (Fletcher, Wardlaw, Fisher, and Reinhardt) filed dissents, indicating that they disagreed with the decision. Judge Fletcher stated that there was a strong likelihood that the police may have tampered with the evidence. Eleven judges joined the dissents (fourteen votes were required to grant the request for a rehearing). Judge Rymer, who authored the original panel decision, filed a concurrence.
Cooper's petition for certiorari to the United States Supreme Court was denied on November 30, 2009.
Read more about this topic: Kevin Cooper (inmate)
Famous quotes containing the word appeals:
“We tried pathetic appeals to the wandering waiters, who told us “they are coming, Sir” in a soothing tone—and we tried stern remonstrance, & they then said “they are coming, Sir” in a more injured tone; & after all such appeals they retired into their dens, and hid themselves behind sideboards and dish-covers, still the chops came not. We agreed that of all virtues a waiter can display, that of a retiring disposition is quite the least desirable.”
—Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)
“Even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune, a game of chance, somewhat fixed in the favor of the criminal, that the participants play interminably.”
—Truman Capote (1924–1984)
“It was not reason that besieged Troy; it was not reason that sent forth the Saracen from the desert to conquer the world; that inspired the crusades; that instituted the monastic orders; it was not reason that produced the Jesuits; above all, it was not reason that created the French Revolution. Man is only great when he acts from the passions; never irresistible but when he appeals to the imagination.”
—Benjamin Disraeli (1804–1881)