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Another Crooked Baton Rouge Judge - Supreme Court Overturns Her Rape Pardon

Posted on 5/31/24 at 2:31 pm
Posted by Shexter
Prairieville
Member since Feb 2014
20799 posts
Posted on 5/31/24 at 2:31 pm
quote:

Donald Ray Link will return to serving a life sentence instead of the option of parole 10 years into his sentence, per the Louisiana Supreme Court’s ruling.

“I agree that the district court judge clearly erred in resorting to error patent review,” justices wrote in the Supreme Court ruling. “It is certainly not a means by which a district court can vacate a decades-long, final conviction in response to a motion to clarify sentence.”


quote:

In an April 2024 hearing designed to determine parole eligibility, Judge Gail Horne Ray overturned Link’s conviction completely. Louisiana Supreme Court justices wrote Ray overstepped her purview with that ruling.

“The district court judge’s ill-conceived response to the order was to issue a grossly erroneous ruling that had a retaliatory if not contemptuous tone and, incredibly, resulted in the fashioning of an illegal remedy that even defendant had not requested. At a minimum, the action by the district court judge achieved the opposite of what is required by Canon 2.”


Kiran Article - Supreme Court Reinstates Life Sentence for Convicted Rapist After Local Judge's pardon

quote:

“So it appears that the jury rendered the verdict that the Court gave improper instruction on and therefore it is my opinion that the verdict is invalid,” Ray said. “The sentence is invalid. And that this conviction is overturned.”

Ray said in the hearing that Link should not have to serve his sentence if the jury was not told he could maybe get parole after 10 years.

“I think in the interest of justice that a person is entitled to be convicted based on the proper application of the law,” Ray said.

East Baton Rouge Parish District Attorney Hillar Moore said Ray’s actions were a blatant overreach of authority.

“She has no authority whatsoever to rule the way that she wrote,” Moore said.




quote:

Allison Miller Rutzen, assistant district attorney in the 19th Judicial District Court, wrote in a court filing that Ray’s actions calls the entire legal system into question.

“If judges simply do what they want, when they want, the fundamental purpose of having law and procedure goes out the wayside,” Rutzen wrote. “Why file or argue any pleading if the trial judge already has his or her mind convinced of the end result he or she desires? Why have legislation, codes of procedure, or caselaw?”


A PERSONAL HISTORY AND A FUTURE IN RAPE CASES
quote:

Judge Ray represented her son, Nelson D. Taylor Jr, in an alleged string of burglaries and rapes in November 1995. Taylor Jr. pled guilty to breaking into the homes of girls he knew from school and raping them. Ray is still named as an attorney representing Taylor Jr., according to court documents.

Moore said he could not comment on whether Ray’s personal history had an influence in her ruling on the Link case, but his office will pay close attention to Ray’s courtroom because of “how far she overreached.”



...and the kicker......

... wait for it.....

quote:

The same judge is presiding over another rape case with widespread scrutiny, the Madison Brooks’ rape and death case.







Posted by Dingeaux
Baton Rouge
Member since Nov 2005
5819 posts
Posted on 5/31/24 at 2:42 pm to
There should be a rule that in order to run for a judge position you have to pass a law knowledge test
Posted by Jebadeb
Member since Oct 2017
5840 posts
Posted on 5/31/24 at 2:49 pm to
Apparently the bar exam is not a good enough obstacle.
Posted by Shexter
Prairieville
Member since Feb 2014
20799 posts
Posted on 5/31/24 at 2:53 pm to
quote:

Attorney Gail Horne Ray was born in Birmingham, Alabama. She graduated from Ramsay High School, received a B.A. in Political Science from the University of Alabama in 1974 and was awarded a Juris Doctorate from Louisiana State University in 1977. She was admitted to the Louisiana Bar in 1978 and is in solo practice in Baton Rouge, Louisiana, where she specializes in criminal defense, civil rights and personal injury.

She formerly served as an Assistant Professor of Law at Southern University Law Center, as the Louisiana state social action chair for Delta Sigma Theta Sorority, Inc. and as an East Baton Rouge Assistant Public Defender. She is a Silver Life member of the NAACP, on the Board of Directors for the J.K. Haynes Elementary Charter School, on the leadership council for Citizens for Second Chances and serves as President of the Southern University 6th Man Club.

Born with Brown v. Board of Education decision
On the day that I was born on May 18, 1954 in Birmingham, Alabama, the newspaper headlines around the country announced that the Supreme Court of the United States had outlawed public school segregation in the case entitled Brown versus Board of Education. Relatives used to tease me and say that when my mother, Quintella Dobbins Horne, a high school teacher, heard that the schools were going to be desegregated, she went into labor. However in 1963, nine years after that decision, after having skipped the second grade, I was in the fourth grade at all-Black Center Street Elementary School.

Until I was approximately eight years old, our family attended Westminster Presbyterian Church. It was pastored by Rev. John W. Rice who was the father of Condoleezza Rice. Condoleezza and I, only a few months apart in age, were in the same Sunday School class. Mrs. Rice was a music teacher and Condoleezza began playing the piano at a very early age. Soon the mothers of other young girls in the neighborhood decided that we should take piano lessons as well, whether we wanted to or not. My Mom also made sure that my younger sister Janet and I took ballet and tap dance lessons.


Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
58520 posts
Posted on 5/31/24 at 2:55 pm to
So what about repercussions to the judge? If she isnt punished, her actions wont change.
Posted by The Mick
Member since Oct 2010
45120 posts
Posted on 5/31/24 at 2:55 pm to
quote:

Apparently the bar exam is not a good enough obstacle.
Washington agrees.
Posted by biglego
San Francisco
Member since Nov 2007
84714 posts
Posted on 5/31/24 at 2:59 pm to
Louisiana state judges are elected. They reflect the populace. So what else would anyone expect other than judges like this?
Posted by Motorboat
At the camp
Member since Oct 2007
24168 posts
Posted on 5/31/24 at 3:06 pm to
quote:

So what about repercussions to the judge? If she isnt punished, her actions wont change.


La Supreme Court regulates Judicial conduct. By the tone of their ruling, discipline is likely.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65826 posts
Posted on 5/31/24 at 3:38 pm to
quote:

Another Crooked Baton Rouge Judge - Supreme Court Overturns Her Rape Pardon


These are the sorts of judges overseeing the Trump cases in New York.
Posted by Arbengal
Louisiana
Member since Sep 2008
3496 posts
Posted on 5/31/24 at 4:26 pm to
She should be suspended, without pay, for an amount of time that will make her pause before she does that again. The admonishment should be placed in her file, and punishment doubled the next time. Should it continue, she should be removed from the bench by due process.
Posted by VaultDweller
Member since Jan 2024
49 posts
Posted on 5/31/24 at 4:41 pm to
Does anyone know why I can’t find this opinion on the LA Supreme Court’s website? The article says it was issued Thursday May 30, but the court’s website shows no action that date. When I search by defendant’s name it doesn’t turn up. It makes me inordinately angry when reporters write about a court opinion without providing a link to the opinion or at least the caption and docket number.

Update:

The court updated its website to include the opinion. Links below.

Majority Opinion

Concurring Opinion

I have to say I am disappointed that the whole court didn’t join Justice Crichton’s criticism of the trial court judge.
This post was edited on 6/11/24 at 1:37 am
Posted by nicholastiger
Member since Jan 2004
55975 posts
Posted on 5/31/24 at 4:45 pm to
Lack of trust in the judicial system is not good for this state or country
Posted by Shexter
Prairieville
Member since Feb 2014
20799 posts
Posted on 5/31/24 at 4:50 pm to
quote:

The NAACP Baton Rouge Chapter held a news conference on Thursday, May 30, and released a statement about the judge and her rulings before the event.

Over the last weeks, local news station WBRZ and national news Fox with a local affiliate have irresponsibly and unethically singled out Judge Gail Horn Ray for rulings made in her courtroom.



We want to debunk the notion that being a member of the NAACP some how makes one automatically biased toward any wrong doing or alters one sense of rational thinking. We, also, want to cover Judge Ray as a parent and other parents in whatever occupational field they occupy from being held out in scorn for acts and crimes committed by their children, siblings, parents, god-children and others when the parent did not participate or encourage the act.

Judge Gail Horne Ray has a remarkable service record and a deep dedication to justice. Her lifetime membership status in our organization is not dependent on her decision-making abilities. Our membership and supporters come from various backgrounds, including all races, creeds, belief systems, sexual orientations, and political affiliations.

The NAACP stands firmly behind Judge Ray and all members committed to justice. We urge the State Supreme Court to consider the broader implications of any decision in the context of a fair and equitable judicial process. Our organization’s history is deeply rooted in the pursuit of equality and justice for all.

NAACP BATON ROUGE CHAPTER


https://www.brproud.com/news/local-news/baton-rouge/east-baton-rouge-judge-on-madison-brooks-case-under-fire-for-previous-rape-case-decisions/

https://www.wbrz.com/news/louisiana-supreme-court-reverses-baton-rouge-judge-s-decision-to-free-rapist-behind-bars-50-years/

https://www.wafb.com/2024/05/31/grossly-erroneous-decision-free-rapist-reversed-district-judge-criticized-by-higher-court/

https://www.theadvocate.com/baton_rouge/news/courts/louisiana-supreme-court-reinstates-br-rapists-life-sentence/article_acd11b08-1f8f-11ef-bd42-43fe06336c74.html

That judicial district is so full of corruption
quote:

Judge Eboni Johnson Rose has more recently been involved in another high-profile scandal after implying that Moore’s office targeted black offenders and wanted to “stick every ni**er in jail.”


This post was edited on 5/31/24 at 5:01 pm
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
47486 posts
Posted on 5/31/24 at 4:51 pm to
I don't think you even have to have a law degree
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138920 posts
Posted on 5/31/24 at 5:03 pm to
Oh look. Another black female judge just throwing everything out the window and doing as she pleases.
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
19960 posts
Posted on 5/31/24 at 5:42 pm to
Well you know how that other judge said the DA just wants to put all the N-words in jail?

This judge is just helping stop that from occurring.

I’m so proud of her for being this brave and taking a stand
Posted by VernonPLSUfan
Leesville, La.
Member since Sep 2007
17813 posts
Posted on 5/31/24 at 5:52 pm to
Frank Abagnale, Jr. passed it.
Posted by Havoc
Member since Nov 2015
39266 posts
Posted on 5/31/24 at 6:03 pm to
JFC what a shitshow.
Posted by Strannix
C.S.A.
Member since Dec 2012
53725 posts
Posted on 5/31/24 at 6:09 pm to
quote:

Apparently the bar exam is not a good enough obstacle.


I mean allegedly SFP passed it, look at him
Posted by btforlsu
Member since Jan 2006
244 posts
Posted on 5/31/24 at 6:17 pm to
Good news, bad news. She is gone after this term, turns 70 and can’t run again. She gets benefits the rest of her life, even though she only served one term. You can’t make this shite up.
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