Jump to content

Prosecutorial Misconduct.

peanutbutter

By peanutbutter
in Legal Professionals

Recommended Posts

lawyercaregiver Advanced Member

lawyercaregiver

Posted
Posted

He may be able to file an interlocutory appeal. Lawyercargiver, what do you think?

 

Well since I already opined there was nothing wrong ethically with the prosecutor pursuing this case why would you think the court of appeals would accept this case before trial? Not even close to the standard for an interlocutory appeal. What is the compelling reason for them to consider a pretrial order? :rolleyes:

 

He may and should ultimately win this case at trial under section 8 and perhaps the prosecutor can be gently persuaded or a deal worked out? Political pressure and the certainty you will be fully pursuing section 8 all the way to the court of appeals even if he convinces a jury will probably work better than personal threats of grievances. Those tend to harden the positions...Just saying.

Link to comment
Share on other sites
peanutbutter Advanced Member

peanutbutter

Posted
  • Author
Posted

Well since I already opined there was nothing wrong ethically with the prosecutor pursuing this case why would you think the court of appeals would accept this case before trial? Not even close to the standard for an interlocutory appeal. What is the compelling reason for them to consider a pretrial order? :rolleyes:

 

I think you are using legalize instead of English when you talk about "ethically."

 

If there is no possibility of a conviction yet the PA prosecutes anyway, then the purpose for prosecuting the case is the hope that the pressure will cause the defendant to agree. Not much pressure required for someone that is in and out of the hospital all the time.

 

This defendant missed their first date for prelim because he was in the hospital. From the painful horrible medical condition he has. A condition that flares up with stress, I might add.

 

He was out of the hospital less than 48 hours before they had him in court.

 

He may and should ultimately win this case at trial under section 8 and perhaps the prosecutor can be gently persuaded or a deal worked out? Political pressure and the certainty you will be fully pursuing section 8 all the way to the court of appeals even if he convinces a jury will probably work better than personal threats of grievances. Those tend to harden the positions...Just saying.

Link to comment
Share on other sites
drtarzanmd Advanced Member

drtarzanmd

Posted
Posted

For God's sake!!

 

This young man craps out of the side of his belly!!

 

All he has to do is show the jury the hole. Just lift his shirt and show the jury the empty morphine bottles.

 

 

It does'nt make much sense peanutbutter ?

 

All the courts care about is getting a conviction

and getting the defendent to pay court costs and fines ...

 

Link to comment
Share on other sites
peanutbutter Advanced Member

peanutbutter

Posted
  • Author
Posted

It does'nt make much sense peanutbutter ?

 

All the courts care about is getting a conviction

and getting the defendent to pay court costs and fines ...

 

The court system is generally not about justice .It is just legalized extortion. be it when they take your money at a bond hearing as you refuse to testify or try to ram a plea down your throat,which works a whole lot of the time, as defendant can save 1000s and thousands by pleading out.The prosecution knows this.Is it better spending your life savings or copping a plea.The pa does not care about justice you are just another notch in some the pa,s political belt

 

That is why our law says it is forbidden to torture a legitimate patient this way. Registered patients are not supposed to be subject to prosecution.

Link to comment
Share on other sites
drtarzanmd Advanced Member

drtarzanmd

Posted
Posted

tinkle poor excuse for torture.

 

 

That's my point ...

 

The Court System just does'nt care ....

 

They would rather spend thousands of dollars

to get their conviction ...

 

When the conviction is 'nt going to do anyone

any good at all , other then to bring in Cash for

the courts to continue to operate ...

 

It is such a shame of the people that get hurt

through the courts process ... The Family , the Kids

& Friends ....

 

peanutbutter : That is why our law says it is forbidden to torture a legitimate patient this way. Registered patients are not supposed to be subject to prosecution.

 

Trust me PeanutButter , I agree w/ You ,the law say that :

But why is it continuely happening ?

How can WE STOP IT / THEM ?

How can We Fight Back ?

 

There is only a handful of People willing to Fight on the front lines ...

and those numbers are very low ...

Link to comment
Share on other sites
peanutbutter Advanced Member

peanutbutter

Posted
  • Author
Posted

Trust me PeanutButter , I agree w/ You ,the law say that :

But why is it continuely happening ?

How can WE STOP IT / THEM ?

How can We Fight Back ?

 

There is only a handful of People willing to Fight on the front lines ...

and those numbers are very low ...

 

"When any form of government becomes destructive of these, it is the right of the people to alter or abolish it."

 

That would be the final solution.

 

The only thing that prevents this "final solution" is for the government to obey the orders of the people.

 

When the government uses every single iota of their energy to avoid obeying the people, there isn't much hope left.

Link to comment
Share on other sites
Danielshemp Advanced Member

Danielshemp

Posted
Posted

According to your first post he had a prelim scheduled before he got his card. That means the possession was committed before he had a card.

Your argument is a bit like saying I can't be prosecuted for driving without a license because I got my license the day after my first court date on the charge.

 

huh?

 

Apparently there is no arguing with this guy. PB don't waste any more of your time.

Link to comment
Share on other sites
peanutbutter Advanced Member

peanutbutter

Posted
  • Author
Posted

Apparently there is no arguing with this guy. PB don't waste any more of your time.

 

I think there's value in our exchanges. I find out where the weak areas of my arguments are.

 

This young man has had his "drivers license" for a long time now.

 

That "license" is a medical condition. To receive the benefit of section 8 requires that a doctor has observed that condition and the patient may receive benefit from cannabis.

Link to comment
Share on other sites
thanks2 Advanced Member

thanks2

Posted
Posted

Well since I already opined there was nothing wrong ethically with the prosecutor pursuing this case why would you think the court of appeals would accept this case before trial? Not even close to the standard for an interlocutory appeal. What is the compelling reason for them to consider a pretrial order? :rolleyes:

 

He may and should ultimately win this case at trial under section 8 and perhaps the prosecutor can be gently persuaded or a deal worked out? Political pressure and the certainty you will be fully pursuing section 8 all the way to the court of appeals even if he convinces a jury will probably work better than personal threats of grievances. Those tend to harden the positions...Just saying.

An interlocutory appeal would not be based on misconduct. It would be based on the fact he should not be subjected to trial at all. Or other exception could be it would end the trial or stop harm to the defendant.

 

From wiki: http://en.wikipedia.org/wiki/Interlocutory_appeal

An interlocutory appeal (or interim appeal), in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the decisions made by the judge during that trial. However, many jurisdictions make an exception for decisions that are particularly prejudicial to the rights of one of the parties. For example, if a party is asserting some form of immunity from suit, or is claiming that the court completely lacks personal jurisdiction over them, then it is recognized that being forced to wait for the conclusion of the trial would violate their right not to be subjected to a trial at all.

Link to comment
Share on other sites
lawyercaregiver Advanced Member

lawyercaregiver

Posted
Posted

An interlocutory appeal would not be based on misconduct. It would be based on the fact he should not be subjected to trial at all. Or other exception could be it would end the trial or stop harm to the defendant.

 

However, many jurisdictions make an exception for decisions that are particularly prejudicial to the rights of one of the parties. For example, if a party is asserting some form of immunity from suit, or is claiming that the court completely lacks personal jurisdiction over them, then it is recognized that being forced to wait for the conclusion of the trial would violate their right not to be subjected to a trial at all.

 

Oh I don't remember. Go back and read chapter 7 of the Michigan Court Rules. This is case is an affirmative defense not immunity and there is no possible claim of absent jurisdiction. So go read about about leave to appeal. You may also have to check the appellate rules in Michigan for the exact standard in Michigan. Something fairly high I am guessing. The point is there is no way the court of appeals in Michigan will grant leave before final adjudication of this case. After all, the judge could very well dismiss it or the jury could decide in his favor. Why would the CoA waste their time?

 

Anyway, great conversation guys. I actually started to look up the court rules for the first time in years. Luckily I stopped myself in time. :lol:

 

Yeah, PB, it's all legaleze. :sword: But this is not a slam dunk case. It depends on the obscure interpretation of section 8. We both think it applies but ultimately it only matters what the judge thinks.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

Go to topic listing
×
×
  • Create New...