A three-judge panel of the 5th U.S. Circuit Court of Appeals appeared sympathetic to Kinsel but said in an opinion released Tuesday that it could do nothing.
“It is beyond regrettable that a possibly innocent man will not receive a new trial in the face of the preposterously unreliable testimony of the victim and sole eyewitness to the crime for which he was convicted,” Judge Jacques Wiener wrote for the panel comprising himself and Judges Priscilla Owen and Jerry Smith.
“But, our hands are tied by the (Anti-Terrorism Effective Death Penalty Act of 1996), preventing our review of Kinsel’s attack on his Louisiana postconviction proceedings, so we dutifully dismiss his claim,” Wiener wrote.
Additional discussion ( re AEDPA, Antiterrorism and Effective Death Penalty Act of 1996 )
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