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How To Maximize Your Chances Of A Successful Section 8 Defense


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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?

I just perused the ROA for the circuit court file.  Tons of motions by defense including substitution of attorney, stipulation to adjourn trial, motion to adjourn by defense, etc., etc., etc.  Even an item in there where it looks like Bob failed to appear on time for a pretrial and was bench warranted and his bond was forfeited.  The only court-generated delay that I see was an adjournment for sentencing because the presentence investigation wasn't yet completed by probation.  It looks to me that the court timely scheduled hearings, but when you bring umpteen different motions on different dates and each motion requires a hearing date then of course there will be delay, delay, delay.  Every time a motion is filed that requires a hearing date you can add a couple months to the length of the case.  Why?  Because a motion will be filed--time for the other side's response must be given, a new open spot on the court's docket must be assigned, etc.

 

All along I, and others, asked Bob what was going on in his case and he never had an answer.  Well, looking at the COA, S Ct, and circuit ct ROAs gives us a clue that this wasn't the court failing to set dates.  Nor was it substantially due to the prosecutor.  Most of the delays were defense generated.  That's fine.  Oftentimes a good strategy for defense is delay, delay, delay.  Why?  Because witnesses forget.  Evidence deteriorates or gets lost.  There isn't the same fire in the prosecutor's belly to slam you.  Etc.  So I'm not saying Bob's delays were bad.  What I AM saying is that his constant assertions that the system was holding him down were bs.  When you are bringing motions to have the court cover expert witness costs, etc., and then turn around and act like it is the court holding you hostage, that is pretty ridiculous.

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Even an item in there where it looks like Bob failed to appear on time for a pretrial and was bench warranted and his bond was forfeited

 

remember that day back then we showed up for court at 1;30 because thats when the Lawyers told us to be their and he never showed up until late and he sent in someone else that i didn't even know

Thanks to Mr,Rockind he got it all fixed

 

after the 4+ years of court days we have only gotten one notice to be in court and that was in 2009 

 

we have never gotten any more notices in the mail

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I just perused the ROA for the circuit court file.  Tons of motions by defense including substitution of attorney, stipulation to adjourn trial, motion to adjourn by defense, etc., etc., etc.  Even an item in there where it looks like Bob failed to appear on time for a pretrial and was bench warranted and his bond was forfeited.  The only court-generated delay that I see was an adjournment for sentencing because the presentence investigation wasn't yet completed by probation.  It looks to me that the court timely scheduled hearings, but when you bring umpteen different motions on different dates and each motion requires a hearing date then of course there will be delay, delay, delay.  Every time a motion is filed that requires a hearing date you can add a couple months to the length of the case.  Why?  Because a motion will be filed--time for the other side's response must be given, a new open spot on the court's docket must be assigned, etc.

 

All along I, and others, asked Bob what was going on in his case and he never had an answer.  Well, looking at the COA, S Ct, and circuit ct ROAs gives us a clue that this wasn't the court failing to set dates.  Nor was it substantially due to the prosecutor.  Most of the delays were defense generated.  That's fine.  Oftentimes a good strategy for defense is delay, delay, delay.  Why?  Because witnesses forget.  Evidence deteriorates or gets lost.  There isn't the same fire in the prosecutor's belly to slam you.  Etc.  So I'm not saying Bob's delays were bad.  What I AM saying is that his constant assertions that the system was holding him down were bs.  When you are bringing motions to have the court cover expert witness costs, etc., and then turn around and act like it is the court holding you hostage, that is pretty ridiculous.

And their was a two day hearing on the search warrant that not even on any court docket 

wonder what happen to that

Swept under the rug?

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And their was a two day hearing on the search warrant that not even on any court docket 

wonder what happen to that

Swept under the rug?

Yes it's all a big conspiracy to hide a motion to suppress evidence.  What was the date on that motion?

 

The ROA I am looking at begins after the appeals.  There is probably another ROA that dealt with your case prior to that.  I am sure you would find the hearing dates there.

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Thanks i don't have the time right now to look for it but i will try later 

and about the evidence we have not seen any nor did the Lawyers in over 4+ years because they (Leo) has none and there has never been thats why i keep Bitching and saying the word Railroaded

 

but the way i type/post i can't get my point across 

Edited by bobandtorey
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Thanks i don't have the time right now to look for it but i will try later 

and about the evidence we have not seen any nor did the Lawyers in over 4+ years because they (Leo) has none and there has never been thats why i keep Bitching and saying the word Railroaded

 

but the way i type/post i can't get my point across 

Bob. I have to wonder if your counsel was ineffective. It is their responsibility to find all pertinent facts. It is your responsibility to stay up to speed with them and take part in managing your case. 

 

I think we understand.

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I think the fact that the prosecution  at no time in all of this offered to DROP ALL CHARGES shows that they were railroading Bob and Torrey. That could have been done and should have been done along time ago. I think everyone should be able to agree that all the prosecutors in this case ultimately care about is getting a win next to their name. That IS NOT JUSTICE.

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How many attorneys have been on your case Bob?

 

 I know of Abel, Mullen,  Komorn,  and Rockind.  Did Korobkin(ACLU) file something for you too?

 

 I just knew there was confusion on this and several changes along the way.

 

 I was just wondering what you paid for all of them and such.

 

 Obviously you don't need to say; I was just curious.

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How many attorneys have been on your case Bob?

 Abel, Mullen,  Komorn,  and Rockind.  Mr. Korobkin (ACLU) and O'mara and Bob Boldor  AAron Igber, David Rudoi,and some lady from Lansing she only does Supreme court case think that is it i will keep thinking 

 

 I know of Abel, Mullen,  Komorn,  and Rockind.  Did Korobkin(ACLU) file something for you too?

 

 I just knew there was confusion on this and several changes along the way.

 

 I was just wondering what you paid for all of them and such. it will take me some time to Add it all up i will ask them all for a line by line i will tell them you would like to see it  

 

 Obviously you don't need to say; I was just curious.

Edited by bobandtorey
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Abel, Mullen,  Komorn,  and Rockind.  Mr. Korobkin (ACLU) and O'mara and Bob Boldor  AAron Igber, David Rudoi,and some lady from Lansing she only does Supreme court case think that is it i will keep thinking 

 

 

 Hmmm,  I can see the problem.

 

 I think the official term I am searching for is: a bit of a "clusterfuk".

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The problem is the state of Michigan has  not decriminalized cannabis .. It can be a very dangerous place for patients.. Oregon you can be a patient and have 16 oz  .. Ohio you can have over 3 oz and not face any jail time and you do not even have to be a patient,... 

Edited by cristinew
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