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ArbitraryValue ,

The tricky thing here (as far as I understand it) is that the appeal to the Supreme Court is not about whether it was a good idea for the Oklahoma Court of Criminal Appeals not to vacate the conviction. It’s about whether the Oklahoma Court of Criminal Appeals did something contrary to the law when it chose not to vacate. Does that court have a legal obligation according to the Constitution to defer to the Attorney General, not just in this case but in all similar cases?

I think that it is in fact true that “Nothing in the Constitution compels a state court to provide a particular measure of deference to a state official’s confession of error.” Maybe there ought to be something like that in there but that’s not the Supreme Court’s job to decide (despite their trend of making such decisions anyway). The people of Oklahoma should have elected judges more concerned with not executing people who might be innocent.

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