A man who spent 16 years in prison for a murder he didn't commit is angry all over again because the judge who dismissed his appeal over a procedural error is now on her way to the Supreme Court. When he was 16 years old, Jeffrey Deskovic was convicted of raping, beating and strangling a Peekskill High School classmate in a jealous fit of rage; he was finally exonerated in 2006 after DNA evidence was matched to a man serving time for another Westchester murder. But Deskovic could have been out much sooner had Sonia Sotomayor not rejected his habeas corpus petition appeal because the paperwork arrived four days late in 1997. Deskovic's lawyer blamed a clerk for providing the wrong deadline, but Sotomayor ruled that the "alleged reliance of Deskovic’s attorney on verbal misinformation from the court clerk" was his problem. Needless to say, all the liberal praise for Sotomayor rings a bit hollow for Deskovic, who tells the Times, "To hear that a judge who put procedure over innocence could be moving to a higher court is very upsetting to me."

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