How To Maximize Your Chances Of A Successful Section 8 Defense

[GregS]

Was within all my limits it was the roof thing on the dog pen they were attacking and I think the doc relationship thing but I have been in limbo sense March 07

You have not filed a complaint with the Michigan Judicial Tenure Commission why?

 

http://jtc.courts.mi.gov/

[bobandtorey]

You have not filed a complaint with the Michigan Judicial Tenure Commission why?

 

http://jtc.courts.mi.gov/

https://vimeo.com/60272365

[GregS]

https://vimeo.com/60272365

That has to do with my question to Larry because...???

[Kingpinn]

Guess that be a question for my attorney

[CaveatLector]

Clearly there was a stay on King's case as it went through appeals.  If it is languishing in circuit court right now through no fault of his own and with no stipulated adjournments then he could move for a dismissal based on violation of his right to a speedy trial. 

 

I highly doubt his case is being held up because of the court or its docket.  It is likely due to motions to adjourn for one reason or another. 

 

To be honest and straight-forward/blunt I do not know how someone could be a defendant in a criminal case and NOT know why they are in a holding pattern.  If you have an attorney call him/her and find out.  It's your case.  Or call the court and get the clerk to read from the register of actions and find out what the status of the case is at this point. 

 

I have heard a lot of complaining on this board about cases taking too long.  Bobandtorey's comes to mind.  Yet every time I have asked what was going on Bob never knew.  If you are charged with a felony how can you just "check-out?"  Don't you want to know what is going on?  Shouldn't you ask your attorney or call the court?  Seems that would be easier than complaining about how long it is taking day after day but never even checking to see WHY it is delayed.  I would bet that 9 times out of 10 a delay is due to scheduling conflicts with the defense attorney and not because of the prosecutor or court. 

[bobandtorey]

Thanks

i do not need the call anyone to know we our being railroaded for 4+ years so we know what is going on for 4 + years (Railroaded)

Edited July 15, 2013 by bobandtorey

[bobandtorey]

That has to do with my question to Larry because...???

Still thinking

[CaveatLector]

Thanks

i do not need the call anyone to know we our being railroaded for 4+ years so we know what is going on for 4 + years (Railroaded)

A typical non-answer from you.  Rather than give a status update you use the same old, "we're being railroaded" type of answer.  Can't you just give a freaking status update one time?  I know you've been at it for 4+ years and I also know that during that time I have asked several times what the case status was.  Never get a straight answer.  Maybe something like, "we're waiting on our appeal for xyz."  Or maybe, "we have a motion scheduled to ask the judge to abc." 

 

Last I knew you filed an appeal with the supremes.  The ROA for that appeal is available on their website.  It looks like you went through everything from filing briefs, etc., and then after more than a year of digging in for appeal it was dismissed on your motion.  We weren't told why here and you acted like you didn't know why but your attorney was the one that moved for dismissal.  You realize that the appeal to the supremes took almost 2 of those 4+ years, right?  And that was YOUR appeal that you later dismissed.  But now you are blaming anyone but yourself for it being in court that long.  You asked Oakland county cicuit court for a stay on proceedings in order to appeal.  Then you went to the COA and then the supremes.  All told that was close to 3 years of the wait right there and it was due to your motion to stay, right?  But the court is responsible for granting the motion that you asked for?  I guess the supremes are responsible for you filing in the MSC and then dismissing it almost 2 years later?

 

Seriously, I've heard you complain umpteen hundred times here and bit my lip but enough is enough.  It took this long largely because of your motions drawing it out.  I suppose if the court would have denied the stay then you would have complained about that too?  Darned if you do, darned if you don't . . .

[GregS]

Guess that be a question for my attorney

By all means. Let us know what he tells you. Please.

Edited July 15, 2013 by GregS

[bobandtorey]

A typical non-answer from you.  Rather than give a status update you use the same old, "we're being railroaded" type of answer.  Can't you just give a freaking status update one time?  I know you've been at it for 4+ years and I also know that during that time I have asked several times what the case status was.  Never get a straight answer.  Maybe something like, "we're waiting on our appeal for xyz."  Or maybe, "we have a motion scheduled to ask the judge to abc." 

 

Last I knew you filed an appeal with the supremes.  The ROA for that appeal is available on their website.  It looks like you went through everything from filing briefs, etc., and then after more than a year of digging in for appeal it was dismissed on your motion.  We weren't told why here and you acted like you didn't know why but your attorney was the one that moved for dismissal.  You realize that the appeal to the supremes took almost 2 of those 4+ years, right?  And that was YOUR appeal that you later dismissed.  But now you are blaming anyone but yourself for it being in court that long.  You asked Oakland county cicuit court for a stay on proceedings in order to appeal.  Then you went to the COA and then the supremes.  All told that was close to 3 years of the wait right there and it was due to your motion to stay, right?  But the court is responsible for granting the motion that you asked for?  I guess the supremes are responsible for you filing in the MSC and then dismissing it almost 2 years later?

 

Seriously, I've heard you complain umpteen hundred times here and bit my lip but enough is enough.  It took this long largely because of your motions drawing it out.  I suppose if the court would have denied the stay then you would have complained about that too?  Darned if you do, darned if you don't . . .

Thanks

i guess you have me mixed up with someone else?

[t-pain]

@caveat: this was the last status update i saw of bobs case:

http://www.thecompassionchronicles.com/2013/05/17/after-1500-days-redden-case-is-finally-resolved/

[ozzrokk]

I agree how can you be the one being charged but know nothing about it. I am not saying this to jump on Bob or Larry, lord knows they have had enough of that. Railroad I agree but if it were me I would still want to know EVERYTHING that is  going on and when.

 

I thought Bob plead out on a deal and was done. Am I mistaken on this?

[Dr. Bob]

The best tactic on a section 8 is to make it a small deviation, to be seen as an innocent error in an otherwise fully compliant patient.  It isn't a way to justify having 90 (but are allowed 12) plants because you like to juice.

 

Make sure your certification is as bullet proof as possible, and go beyond the minimum requirements on other aspects to be as safe as possible.  There was an add related thread out here not long ago where I went over some of the procedures I use and why.  By extension the same type of reasoning I used on those questions will help you succeed in a section 8 defense.

 

Dr. Bob 

[SFC]

I think maybe Cav got confused that Bob's case was still going. He complains about it everyday like it is.

[bobandtorey]

I think maybe Cav got confused that Bob's case was still going. He complains about it everyday like it is.

then i guess you know more them me because as of today we are still in court

[CaveatLector]

I think maybe Cav got confused that Bob's case was still going. He complains about it everyday like it is.

I know he is still awaiting either sentencing or entering a plea on a deal.  My point is that he was entrenched in appeals for 3 years.  His appeals if I am not mistaken.  So to sit around and act like the circuit court is screwing you because your case hasn't yet gone to trial or ended is a bit disingenuous to say the least.

 

As for Bob saying I am confused, here is the ROA from the COA and S Ct appeals.

http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx?SearchType=1&CaseNumber=295809&CourtType_CaseNumber=2

 

How is it I am confused?  Those are YOUR appeals.  Clearly the circuit court granted a stay of your criminal proceedings in order for you to run your appeals.  So how is that delay someone else's fault?  Would you rather have gone through trial before your appeals were heard?  Is that efficient?  The bottom line is that your case has taken this long because of the defense's legal maneuvers.  I'm not saying that is bad just that it is a fact and pretending like the man is holding you down for years has really become annoying.  Especially when a large part of the delay was your filing with the supreme court but then ending up dismissing the appeal before it was heard.

 

If I am confused maybe you can straighten this out for me.  Did you file for a stay in the circuit court so you could avail yourself of an interlocutory appeal? 

[t-pain]

might want to start a seperate thread for bobs case. its going to take more than 10 pages to figure it all out.

[Kingpinn]

All im saying is. I was to court Sept 15 2012 and thought that was quite a wait from May 31 2012 .When S. C. granted me my evidence hearing. Ok then a Oct 15 something court date that seemed alright . But then it gets ugly March 7 2013 next date and now im still waiting for them to digest that poop sandwich. And I think thats foot dragging on someones part.

[Kingpinn]

Going to the court clerk today to get to the bottom of this

[Kingpinn]

Called the court clerk today she told me the case was dismissed .Well she was referring to Sept 30 2009. And she had no clue. Had to call Matt and ask him to be looking into it

[bobandtorey]

Good luck Larry and thank you for standing up for all of us 

sometimes a Judge will dismiss a case so they won't have to make any kind of  ruling and as long as it doesn't get appealed you will be OK

[t-pain]

Called the court clerk today she told me the case was dismissed .Well she was referring to Sept 30 2009. And she had no clue. Had to call Matt and ask him to be looking into it

 

mcdonalds could run the court system better than this.

[GregS]

Thanks for the court link Cav. It makes for an interesting case study.

 

The SC granted the motion to withdraw in June of 2011. Is two years an unreasonably long time to wait for the lower court to hear on remand and conclude?

[bobandtorey]

 back then we where in the lower court that day it was all of a 5 min  day 

[bobandtorey]

Thanks for the court link Cav. It makes for an interesting case study.

 

The SC granted the motion to withdraw in June of 2011. Is two years an unreasonably long time to wait for the lower court to hear on remand and conclude?

and that cost over $5,000 dollars just to do that