Murder Appeal Raises Confederate Flag Issue

A black defendant claims the Confederate flag's presence at a courthouse infringed on convicted murderer Felton Dorsey's right to due process and suggests the conviction be overturned due to the presence of the flag.

online.wsj.com...

The Louisiana Supreme Court is expected to hear a novel argument Monday in the long-standing debate over the legacy of the Confederate flag: Is it so prejudicial that its presence at the courthouse justifies overturning a murder conviction?

The case involves an attempt to overturn a 2009 death sentence against a black defendant on grounds that flying the flag outside a state courthouse was prejudicial to his case.

Felton Dorsey, an African American was sentenced to death in Shreveport, La., for killing Joe Prock, a white firefighter, during a robbery of the home of Mr. Prock's mother.

Mr. Dorsey claims he is innocent and seeks to overturn the conviction on numerous grounds, including that prosecutors used unreliable accomplice testimony. But race is a central part of the appeal. Mr. Dorsey contends that prosecutors improperly removed most of the prospective black jurors from the case, resulting in a jury of 11 whites and one African American.

He claims to have suffered additional discrimination due to the Confederate flag that has flown outside the Caddo Parish courthouse in Shreveport since 1951.

"The quintessential symbol of white supremacy looms over the courthouse," he said in his appellate brief.

But it is rare, if not unprecedented, to claim that the flag justifies overturning a death sentence, they say, because it is difficult to find case-specific evidence that the flag had a discriminatory impact on a conviction.

The American Civil Liberties Union, the NAACP's Shreveport Chapter, and a group of university professors filed a court brief supporting Mr. Dorsey's claim that the Confederate flag prejudiced his case and violated his due-process rights.

"This case will give the Louisiana Supreme Court an opportunity to send a message that a Confederate flag on courthouse grounds is intolerable," said ACLU attorney Anna Arceneaux.

Anti-confederate folks, what is your opinion on this issue? Is the mere presence of the Confederate flag enough to overturn a murder conviction on the grounds that the flag served as a roadblock to fair and due process of law?

This thread is directed at everyone, but I'd really like to hear the thoughts of those people who believe the Confederate flag is a symbol of slavery and racism.

reply to post by HarmonicNights


LMAO !!!! If the verdict got overturned because of a flag flying outside then if the prisoners at Gitmo get a trial in the states.....They could overturn all convictions because they could say that the U.S flag was making people patriotic and not looking at the evidence.
Another reason precidence is flawed in our court system and all laws should be enacted by congress of the states and federal. Its all hogwash!
The battle flag is a symbol of northern aggression and not slavery.

Mr. Edgerton would like a word with him:



/TOA

reply to post by HarmonicNights


A flag is just a flag. Believe it or not, I know of folks who hold confederate flags at their houses but who are not really in nature racist, it's just apart of their heritage. I am well aware the the confederate flag holds a dark history over what it is associated to but at the end of the day, these sensitivities about flags, this one and the flag burning at that college, if we are so fixated on flags, we distract ourselves from real issues. Those individuals involved in this court case are distracting themselves from the real issue. I highly doubt the confederate flag would influence the courts judgement.

reply to post by HarmonicNights


A Liberal would let a murderer walk free because of the flags presence .. soo.. I think he's got a shot.

Originally posted by Southern Guardian
I highly doubt the confederate flag would influence the courts judgement.

edit on 13-5-2011 by Southern Guardian because: (no reason given)

I would have agreed with you if it were not for that other thread you referenced. That kind of thing really makes me question my understanding of human nature among adults in modern, privileged cultures.

Originally posted by Rockpuck
reply to post by HarmonicNights

 

A Liberal would let a murderer walk free because of the flags presence .. soo.. I think he's got a shot.

and a Republican would convict him because he's a black man. Is that your point? He doesn't have a prayer...unbunch your panties.