Fischer v. State

Sometimes our citizens get frustrated with how far we go to protect the rights of criminal defendants. But when constitutional rights or core due-process principles are at stake, there may be no room for compromise. This is not such a case.

The question before us is whether a district judge may use his or her judgment to decide whether to bring a convicted murderer hundreds of miles to appear personally for an evidentiary hearing on a habeas corpus claim or whether the judge may have the defendant participate by telephone. I see no reason to remove the exercise of sound judgment in answering…