The Problem of Evil and Free Will

SHERRY F. COLB

Cornell law professor Sherry F. Colb reflects on why, if God is all-knowing, all-powerful, and benevolent, there is still evil in the world. Colb argues that one common answer—free will—does not truly resolve that question.

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State v. Pope

Docket: 2017AP001720-CR

Opinion Date: December 17, 2019

Judge: Annette Kingsland Ziegler

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's order vacating Defendant's 1996 judgment of conviction for two counts of first-degree intentional homicide, party to a crime, and granting Defendant's postconviction motion for a new trial, holding that prejudice cannot be presumed when the entire trial transcript is unavailable. Under State v. Perry and State v. DeLeon, when a transcript is incomplete, a defendant is entitled to a new trial after making a facially valid claim of arguably prejudicial error. In making its ruling in this case the circuit court concluded that a new trial was necessary because there was no available transcript of Defendant's 1996 jury trial. The court of appeals reversed, ruling that Defendant was not entitled to a new trial because he did not meet his burden to assert a facially valid claim of error. The Supreme Court affirmed, holding (1) the Perry/DeLeon procedure applies whether all or a portion of a transcript is unavailable; and (2) no exception to the Perry/DeLeon procedure was available to Defendant because the transcript was unavailable due to Defendant's own delay.