Legal Question for Dawn Meredith

[Bob Prudhomme]

Now that we have two lawyers on the forum (or possibly more?), there is a question that I have been pondering for some time now.

If LHO had lived, been convicted of JFK's murder and sentenced to a life term, would the evidence uncovered in the last 50 years be sufficient grounds for a lawyer to file for an appeal of his conviction, or a new trial?

I have asked this question of several lawyers here in Canada but have been told American law operates quite differently from our legal system. One did point out that, unlike Canada where murder is a Federal offense, it is quite likely LHO would have been tried under Texas state law.

[Dawn Meredith]

Now that we have two lawyers on the forum (or possibly more?), there is a question that I have been pondering for some time now.

If LHO had lived, been convicted of JFK's murder and sentenced to a life term, would the evidence uncovered in the last 50 years be sufficient grounds for a lawyer to file for an appeal of his conviction, or a new trial?

I have asked this question of several lawyers here in Canada but have been told American law operates quite differently from our legal system. One did point out that, unlike Canada where murder is a Federal offense, it is quite likely LHO would have been tried under Texas state law.

One can always file appeals. Many of them. I don't do appellate work and I know that the TX courts bend over back words to uphold a conviction. So this is my theoretical reply:
If "Harvey" Oswald was convicted for an ordinary murder, yes the evidence amassed the very first year would have gotten a conviction overturned. But since this was a political conspiracy with the assistance of the head of the Supreme Court,- (in the cover-up) the conviction would have been upheld. In my opinion.
Dawn

[Joseph McBride]

In that theoretical case, wouldn't Earl Warren have had to recuse
himself? He hesitated to take on the job of running the commission
for various reasons (as we know), and one stated reason was
the objection to sitting Supreme Court members serving in other
areas on which they might have to rule (the Robert Jackson Nuremberg
Trials precedent was raised). Quite likely that was not Warren's
principal concern, especially with Oswald dead, but it was
a matter of concern. The fact that the Ruby legal proceedings overlapped
the commission's work caused problems.

[LR Trotter]

In that theoretical case, wouldn't Earl Warren have had to recuse
himself? He hesitated to take on the job of running the commission
for various reasons (as we know), and one stated reason was
the objection to sitting Supreme Court members serving in other
areas on which they might have to rule (the Robert Jackson Nuremberg
Trials precedent was raised). Quite likely that was not Warren's
principal concern, especially with Oswald dead, but it was
a matter of concern. The fact that the Ruby legal proceedings overlapped
the commission's work caused problems.

With an alive "Lee Harvey Oswald" able to stand trial, I have to wonder, as I wander, for what reason would there be a "Warren Commission"? I mean, it would appear that there would be some very competent investigators among the DPD, DCSD, TR, USM, SS, FBI, DIA, ONI, and CIA, just to name a few. Of course now, in hindsight, I also wonder why a Supreme Court Justice, 2 Senators, 2 Congressmen, a former CIA Director, and a former World Bank President would be the makeup of "The President's Commission on the Assassination of President Kennedy". I am not pretending to be an attorney, but with the privilege of the required education, along with a lot of hard work and desire at the right time, if ability allowed achievement, I believe I would have enjoyed the profession.
::

[Joseph McBride]

The commission was, however, ongoing while
Ruby's case was being tried. So whether or not
there would have been a governmental commission
studying the case if Oswald had lived is not certain.

And as for the listings of various investigative
bodies, they were not competent and/or disinterested,
and one of LBJ's reasons for creating his commission
was to forestall and/or override rival investigations
in Congress. He also wanted the state of Texas
to do all the investigating before the establishment
figures advising him persuaded him that would
have not be a smart move, to say the least.

[LR Trotter]

The commission was, however, ongoing while
Ruby's case was being tried. So whether or not
there would have been a governmental commission
studying the case if Oswald had lived is not certain.

Again in hindsight, I also wonder, as I wander, why "that commision" was needed and/or utilized anyway. It will always amaze me that the murder of JFK and wounding of JBC, along with the murder of "LHO", was recorded by so many motion picture and photographic cameras. That of course eliminated any question about "who shot LO". It also confirmed to the world that the "most powerful man in the world" was eliminated in Dallas, TX, on 11/22/63. JMO.
::

[Joseph McBride]

Ted Kpppel once claimed on Nightline that only
one person, Zapruder, was filming the
assassination. The MSM relies largely
on promoting ignorance.

[LR Trotter]

Ted Kpppel once claimed on Nightline that only
one person, Zapruder, was filming the
assassination. The MSM relies largely
on promoting ignorance.

The amount of film and photographs will forever amaze me, and I will wonder always and then some what it would mean if there was identifiable sound along with the filming. But, to me it would prove unheard shots were also fired, as I believe there were.
:hock::

[Dawn Meredith]

The commission was, however, ongoing while
Ruby's case was being tried. So whether or not
there would have been a governmental commission
studying the case if Oswald had lived is not certain.

And as for the listings of various investigative
bodies, they were not competent and/or disinterested,
and one of LBJ's reasons for creating his commission
was to forestall and/or override rival investigations
in Congress. He also wanted the state of Texas
to do all the investigating before the establishment
figures advising him persuaded him that would
have not be a smart move, to say the least.

And bear in mind that when Ruby's conviction was overturned he suddenly had advanced cancer and died . Oh our wonderful government. ::darthvader::

[Dawn Meredith]

Ted Kpppel once claimed on Nightline that only
one person, Zapruder, was filming the
assassination. The MSM relies largely
on promoting ignorance.

As you know Joe it is what they are paid to do. "Operation Mockingbird ".
So much for "freedom of the press". What a sick joke.
Dawn