Friday, September 23, 2011

You better be Good.

"I think if the heavens were striking in cases of spontaneous combustion then there would be a lot more cases. I go for the practical, the mundane explanation," he said."

From the BBC:

"A man who burned to death in his home died as a result of spontaneous combustion, an Irish coroner has ruled.

It is believed to be the first case of its kind in Ireland.

West Galway coroner Dr Ciaran McLoughlin said it was the first time in 25 years of investigating deaths that he had recorded such a verdict.

Michael Faherty, 76, died at his home at Clareview Park, Ballybane, Galway on 22 December 2010.

An inquest in Galway on Thursday heard how investigators had been baffled as to the cause of death.

Forensic experts found a fire in the fireplace of the sitting room where the badly burnt body was found had not been the cause of the blaze that killed Mr Faherty.

The court was told that no trace of an accelerant had been found and there had been nothing to suggest foul play.

The court heard Mr Faherty had been found lying on his back with his head closest to an open fireplace.

The fire had been confined to the sitting room. The only damage was to the body, which was totally burnt, the ceiling above him and the floor underneath him.

Dr McLoughlin said he had consulted medical textbooks and carried out other research in an attempt to find an explanation.

He said Professor Bernard Knight, in his book on forensic pathology, had written about spontaneous combustion and noted that such reported cases were almost always near an open fireplace or chimney.

"This fire was thoroughly investigated and I'm left with the conclusion that this fits into the category of spontaneous human combustion, for which there is no adequate explanation," he said.
'Sharp intake of breath'

Retired professor of pathology Mike Green said he had examined one suspected case in his career.

He said he would not use the term spontaneous combustion, as there had to be some source of ignition, possibly a lit match or cigarette.

"There is a source of ignition somewhere, but because the body is so badly destroyed the source can't be found," he said.

He said the circumstances in the Galway case were very similar to other possible cases.

"This is the picture which is described time and time again," he said.

"Even the most experienced rescue worker or forensic scientist takes a sharp intake of breath (when they come across the scene)."

Mr Green said he doubted explanations centred on divine intervention."

In other, more disturbing news, the Eleventh Circuit has once again affirmed that when you are sentenced as a Career Offender but legally should not have been, if you miss the 2255 deadline, you are doomed to serve many, many more years in prison than you would have if the court had got it right the first time.

"We thus decline to extend the actual innocence of sentence exception to claims of legal innocence of a predicate offense justifying an enhanced sentence. In so doing, we heed the Supreme Court’s instruction to exercise restraint in expanding the procedural default rule’s exceptions. We also keep the actual innocence exception narrow, and ensure that this exception remains “rare” and is only applied in the “extraordinary case.”

In short, the actual innocence exception does not apply to McKay’s claim that he was erroneously sentenced as a career offender. This sentencing claim is barred by the procedural default rule and, therefore, we AFFIRM the denial of McKay’s § 2255 motion."

McKay v. United States

This is just morally wrong.

1 comment:

Anonymous said...

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