OpinionAugust 13, 1996
Back on March 2, 1985, horrified Missourians learned of the murder of Southeast Missouri Trooper James Froemsdorf, an exemplary member of the State Highway Patrol. Froemsdorf left behind a widow and three daughters. Suspect Jerome Mallett was arrested, tried and convicted of the murder. A jury of 12 Missourians sentenced him to death for the capital crime...

Back on March 2, 1985, horrified Missourians learned of the murder of Southeast Missouri Trooper James Froemsdorf, an exemplary member of the State Highway Patrol. Froemsdorf left behind a widow and three daughters. Suspect Jerome Mallett was arrested, tried and convicted of the murder. A jury of 12 Missourians sentenced him to death for the capital crime.

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Then began the appeals. Mallett, ensconced in the penitentiary with nothing but time on his hands, filed what the law calls a petition for habeas corpus. This is a form of legal motion seeking to overturn the jury's ruling in the trial court. U.S. District Judge Edward Filipine denied Mallett's petition, but only after allowing it to sit on his desk for 6 1/2 years. It took a motion filed by Missouri Attorney General Jay Nixon with the 8th U.S. Circuit Court of Appeals to bestir Judge Filipine to action and order him to rule on the appeal.

Federal judges are appointed for life while serving in good conduct and are well-paid. It is nothing less than an outrage that a federal judge would allow any petition to languish on his desk in this manner. Judge Filipine should be sanctioned for taking so long to rule on a routine motion.

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