Darlie Routier's Appeals & Court Rulings

[SnootyVixen]

Jeana will y0u say to me what is the appeal in Dec about? I am sorry to say I don tknow.

 

[CyberLaw]

On the off chance that Darlie was acquitted at the first trial, the Prosecution held back the murder trial on the second son, as a method to bring her to trial again, so there would be no way that she could get "off" on the murder of ther two sons.


Double Jeopardy is attached, therefore hold back a trial for a different separate case.

I have a question: How often does the State of Texas commute a sentence from dealth to life in prison and under what circumstances if ever does that happen.

I guess Texas can expect a "media" circus in the days approaching the death sentence............

 

[Jeana (DP)]

Jeana will y0u say to me what is the appeal in Dec about? I am sorry to say I don tknow.

Its her habeas corpus appeal. Its a federal appeal and deals with alleged violations of Darlie's constitutional rights.

 

[Jeana (DP)]

On the off chance that Darlie was acquitted at the first trial, the Prosecution held back the murder trial on the second son, as a method to bring her to trial again, so there would be no way that she could get "off" on the murder of ther two sons.


Double Jeopardy is attached, therefore hold back a trial for a different separate case.

I have a question: How often does the State of Texas commute a sentence from dealth to life in prison and under what circumstances if ever does that happen.

I guess Texas can expect a "media" circus in the days approaching the death sentence............

Cyber, there was recently a bunch of requests for Governor Perry to commute about 30 death sentences because the inmates were juveniles at the time their crimes were committed. I believe all of the cases are under review. I've heard that there is some question about those who were 17 years old when they committed their crimes, but I don't remember what happened in those cases. I think they're not all "automatic" as they are for the 16 and under. I'd like to be able to tell you that all of them will spend the rest of their lives in prison, but of course no one can say that for sure. Things happen and laws change and I'm sure there are people trying to get other mitigating factors taken into consideration. And, whose to say that some of these inmates won't go on to kill again in prison and end up right back on death row.

 

[cami]

Oh I know that cami. I think that's wonderful if the person lived a nice long life and died peacefully or if a young person had been bogged down with sickness for years, that's not exactly what armywife210 said "One moment with God outweighs any joy that is found here on Earth. For that reason, the Bible says to rejoice for them." To me that doesn't sound like celebrating one's life, but rejoicing for them their death. Like I said, don't get me going on God, but I think the 2 of you are saying different things. Yours makes a lot of sense and I think alot of people do that. Tell silly tales of their passed loved one. Even with my son's death, the Rev. found some humor in our nickname for him. We did not rejoice however, nor we were expected to.

NO, I understand that, I misinterpretated what was said. No one would rejoice in the sudden taking of a child. I thought she was talking about celebrating the life at the funeral. Never mind me, Doh!

 

[cami]

I agree with Goody. I would also like to add that a lot of times people mind there own business when they see people practicing parenting styles they don't agree with. I am sure if people had suspected outright abuse, someone at school would have reported something. I don't know that I would have likely reported it to the authorities and I am a pediatric nurse. I would cauton the boys and I might mention to the parent if I knew them casually "I saw the kids at the construction site and was a little concerned for their safety..." type thing. But to call social services, this is a serious thing and opens a lot of doors. And it's not like you could stay anonymous (if you reported anonymous) because you would have to testify at hearings etc as to what you witnessed. I think people today don't get involved, especially when they don't know the people from Adam. From what I gather, the Routiers weren't the most liked people on the block. Calling social services because you saw someone's kid riding their bike alone or you heard your neighbor call her kids m-fers seems a little too invasive and nosy. Cussing is part of the vernacular for some people, it's just the way they talk. I have had patients that were three years old tell me "F--- off, Freak!" They are just repeating what they heard. Usually they had ignorant, uneducated parents. However, cussing at your kids, or teaching them that language, while repugnant to most, is not a crime. And if social services were called everytime parents weren't minding their kids, then their phone would be off the hook with calls! They can't handle the cases of kids who are obviously getting the crap kicked out of them, much less those whose mommies are too self-absorbed to know their whereabouts. I think the bottom line is that Darlie didn;t know what to do with those boys. She never took the time to sit and play with them and take an active role in their interests. So they entertained themselves. And I think she was fine with that because it meant they were out of her hair for a little while. It may have seemed innocuous to her, "Oh well, if they aren't playing with anything dangerous, if they aren't hurting anyone else..." So she let them roam because it gave her a lot more time to tease-comb her hair and "fluff" her ...oh and to work on her tan, that pesky thong line was a real nuisance...

Excellent post Mama! I agree. Where I live if you go ahead and call SS on someone you cannot do it annoymously, you must back up your complaint.

 

[cami]

Me, Iam thinking he did not have the trial tobe about Devon because of the absense of Blood from Devon or fibers from Devon on the knife. Only was blood from Darlie and Damon and fibers from Darlie and Damon on knife.

NO, Snooty, he held back on Devon in case she somehow got off on Damon. Make no mistake should she somehow win an appeal and be released, she'll be rearrested on Devon's murder.

 

[Jeana (DP)]

NO, Snooty, he held back on Devon in case she somehow got off on Damon. Make no mistake should she somehow win an appeal and be released, she'll be rearrested on Devon's murder.

I agree with you. However, even if she were to win a new trial (which is seriously not going to happen), she'd find herself back to death row before she took a deep breath.

 

[Mary456]

I just went over to jfd and listened to some of the oral arguments and me thinks Darlie is going to get a new trial......if I was listening to the federal appellate court arguments. Those trial transcripts are bringing up an awful lot of concern with one of the judges. I don't think Rolator is being successful with his argument that nothing was lost. How can he say that with Volume 27 completely missing? Another big issue is the fact that the information in the transcripts couldn't be certified by the new court reporter. Texas may not have a problem with it, but I think these federal judges will. At least one of them does...she is asking too many questions. I wish I could hear the whole thing clearly but I have dial up. I am going to have to make an effort to get cable soon. Anyway, fasten your seat belts, folks. I do think Darlie will have a second chance to beat that needle. It will be interesting to see what she does with this second chance. I hope she is smart enough not to blow it this time. If not, she could end up right back where she is today.


Those arguments are from 2002, I believe. If you look to the upper left, it says "Stephen Cooper and John Rolater appeared before Texas Court of Criminal Appeals to argue points of the Direct Appeal."

I don't know if they can argue this point again in Federal Court. Maybe they can. But boy, oh boy, they've got a huge job ahead of them. The only thing missing from her transcript is the first 54 pages of Volume 10. Simmons didn't feel comfortable certifying it (legal thing, she has to protect her own butt), but she DID state that they were a true and accurate transcription of Halsey's notes and proceedings.

 

[Spywhere]

Honey, you don't have the first clue what you're talking about Its not uncommon at all to withhold a charge so that the defendant can be brought to trial a second time if something goes wrong the first time. What kind of justice would be had if he did bring her to trial on both charges and something happened? She'd be walking around free. What kind of justice is that? Moreover, unless you're the district attorney where you live, there's no possible way that you can say what would have been done in that jurisdiction. Because she was a selfish she took a knife to her two children FIRST and then to her own throat. Not deep enough though, was it? Everyone who matters knows on the day of her execution, that the State of Texas will most definately be executing her for BOTH murders.

:laugh: Really? No kiddin' darlin'? Well me thinks you is an angry "key player". You shouldn't be the "MOD" here,your too angry :furious: and you know very . BTW, I know she did it. I think we all do so blah blah blah. What else is knew from you?

 

[j2mirish]

:laugh: Really? No kiddin' darlin'? Well me thinks you is an angry "key player". You shouldn't be the "MOD" here,your too angry :furious: and you know very . BTW, I know she did it. I think we all do so blah blah blah. What else is knew from you?

spywhere....:boohoo:

 

[Goody]

I agree with Goody. I would also like to add that a lot of times people mind there own business when they see people practicing parenting styles they don't agree with. I am sure if people had suspected outright abuse, someone at school would have reported something. I don't know that I would have likely reported it to the authorities and I am a pediatric nurse. I would cauton the boys and I might mention to the parent if I knew them casually "I saw the kids at the construction site and was a little concerned for their safety..." type thing. But to call social services, this is a serious thing and opens a lot of doors. And it's not like you could stay anonymous (if you reported anonymous) because you would have to testify at hearings etc as to what you witnessed. I think people today don't get involved, especially when they don't know the people from Adam. From what I gather, the Routiers weren't the most liked people on the block. Calling social services because you saw someone's kid riding their bike alone or you heard your neighbor call her kids m-fers seems a little too invasive and nosy. Cussing is part of the vernacular for some people, it's just the way they talk. I have had patients that were three years old tell me....

:laugh:

".....F--- off, Freak!"

They are just repeating what they heard. Usually they had ignorant, uneducated parents. However, cussing at your kids, or teaching them that language, while repugnant to most, is not a crime. And if social services were called everytime parents weren't minding their kids, then their phone would be off the hook with calls! They can't handle the cases of kids who are obviously getting the crap kicked out of them, much less those whose mommies are too self-absorbed to know their whereabouts. I think the bottom line is that Darlie didn;t know what to do with those boys. She never took the time to sit and play with them and take an active role in their interests. So they entertained themselves. And I think she was fine with that because it meant they were out of her hair for a little while. It may have seemed innocuous to her, "Oh well, if they aren't playing with anything dangerous, if they aren't hurting anyone else..." So she let them roam because it gave her a lot more time to tease-comb her hair and "fluff" her ...oh and to work on her tan, that pesky thong line was a real nuisance...

I agree with most of your post, but I think Darlie probably did play with the kids at times. Like I have said before, I think she was very moody and when she was in the little girl mood, playing with the kids was probably fun for her. But Darlie had lots of other moods, too, and when she was in any one of them, she was probably not playful with them. She was probably angry or depressed or lost in her image or dreaming about being rich and famous one day or feeling sexy/need to be "wanted" by men or a need to escape "with the girls." I think Darlie was on an emotional roller coaster and her mood swings confused the boys because they never really knew what was actually expected of them. Sometimes Mom and Dad were angry with them for misbehaving (like climbing in and out of the garage window after popsickles) and sometimes they would laugh about it to others. Consequently, they were more difficult to parent. It was like a vicious circle with Darlie or the boys trapped in the center, depending on from whose viewpoint you use. Darin would just escape to the shop or out to the marina to check on his boat. He was the only one in the family who was not trapped in one way or another.

 

[Goody]

:clap: You Go Windchime you really are super. They should've of tried her for both "boys". Where's justice for Devon, we have to assume she killed Devon. Greg Davis held back on that one for his own selfish reason. He wanted death, he was probably carrying the needle in his briefcase. I too live in a DP state and you can bet your sweet bippy people, she would've of been tried for killing both of those little boys. It would've of been a DP trial, but most likely she would of probably gotten LWOP. Because she was "sick" she took a knife to her own throat. And then again, they would've gotten her "smitten coach" for conspiracy. Well all in all I believe it was an archaic trial. USA, use the death penalty fairly.

The evidence against her for Devon's death was weaker since his blood was not found on the knife. Personally, I have thought they held back on Devon because they believe Darin participated in some way and just can't prove it. Someday they may be able to bring charges against him as well. And like Jeana says, Devon is like their Ace in the hole. If anything goes wrong with Damon's conviction, they still have Devon's to bring to trial. I can't imagine that happening but it is a safeguard.

 

[Goody]

Does anyone have information about the latest appeal.......I just don't think that her appeal will be affirmed.

Really? You think it will be remanded for a new trial? On what grounds?

 

[Goody]

I have a question: How often does the State of Texas commute a sentence from dealth to life in prison and under what circumstances if ever does that happen.

I guess Texas can expect a "media" circus in the days approaching the death sentence............

:laugh: Texas doesn't commute. Texzas executes! Don't you know that they execute more people than any other state in the US? They have 5 up for execution in November.

 

[Goody]

Cyber, there was recently a bunch of requests for Governor Perry to commute about 30 death sentences because the inmates were juveniles at the time their crimes were committed. I believe all of the cases are under review. I've heard that there is some question about those who were 17 years old when they committed their crimes, but I don't remember what happened in those cases. I think they're not all "automatic" as they are for the 16 and under. I'd like to be able to tell you that all of them will spend the rest of their lives in prison, but of course no one can say that for sure. Things happen and laws change and I'm sure there are people trying to get other mitigating factors taken into consideration. And, whose to say that some of these inmates won't go on to kill again in prison and end up right back on death row.

If Karla Faye couldn't get commuted, Darlie sure won't.

 

[Goody]

Excellent post Mama! I agree. Where I live if you go ahead and call SS on someone you cannot do it annoymously, you must back up your complaint.

My state, too. Plus you have to have pictures to support the accusations where applicable because of all the false reports. People would try to get even with each other by reporting the person they were feuding with to DHS for child abuse. At one point, one-third of their investigations were false reports.

 

[Goody]

I just went over to jfd and listened to some of the oral arguments and me thinks Darlie is going to get a new trial......if I was listening to the federal appellate court arguments. Those trial transcripts are bringing up an awful lot of concern with one of the judges. I don't think Rolator is being successful with his argument that nothing was lost. How can he say that with Volume 27 completely missing? Another big issue is the fact that the information in the transcripts couldn't be certified by the new court reporter. Texas may not have a problem with it, but I think these federal judges will. At least one of them does...she is asking too many questions. I wish I could hear the whole thing clearly but I have dial up. I am going to have to make an effort to get cable soon. Anyway, fasten your seat belts, folks. I do think Darlie will have a second chance to beat that needle. It will be interesting to see what she does with this second chance. I hope she is smart enough not to blow it this time. If not, she could end up right back where she is today.


Those arguments are from 2002, I believe. If you look to the upper left, it says "Stephen Cooper and John Rolater appeared before Texas Court of Criminal Appeals to argue points of the Direct Appeal."{/QUOTE]

I figured that out. :doh: Doh!

I don't know if they can argue this point again in Federal Court. Maybe they can. But boy, oh boy, they've got a huge job ahead of them. The only thing missing from her transcript is the first 54 pages of Volume 10. Simmons didn't feel comfortable certifying it (legal thing, she has to protect her own butt), but she DID state that they were a true and accurate transcription of Halsey's notes and proceedings.

As far as we know, but that doesn't answer why there is no Volume 27. I would think the US CCA would be hesitant to put their stamp of approval on a transcript that can't be certified, esp when you follow the chain of custody of the original tapes,notes, etc. If it was evidence, it would have been thrown out. I don't know how much weight saying that it is okay because they fixed the problem almost entirely by bringing in a new court reporter because all she did was transcribe the first (unreliable) court reporter's notes and tapes. I think it will depend on how this issue has been ruled on in the past. If another case already set a precedent on it, I will bet that the US CCA will go that way.

 

[CW]

Jeana is a outstanding super mod here, she has more insight on this case than most of us, she lives very close to where the crime took place and knows many true facts regarding this case. One could not ask for a more caring,loving loyal friend who believes that everyone has a right to their own opinion.

 

[Jeana (DP)]

:laugh: Really? No kiddin' darlin'? Well me thinks you is an angry "key player". You shouldn't be the "MOD" here,your too angry :furious: and you know very . BTW, I know she did it. I think we all do so blah blah blah. What else is knew from you?

Whateverl. I know one of the prosecutors and don't like them trashed by someone who doesn't know what she's talking about.