applecruncher
SF VIP
- Location
- Ohio USA
Michael Drejka sentencing tomorrow
- Thread starter applecruncher
- Start date
The case is over. Done. 
That’s exactly correct. A defense attorney (or Prosecutor for that matter) cannot introduce new evidence to an Appellate Court. Appellate Courts only rule on trial evidence that was already presented at trial. Correct me if I’m wrong, but there is no guarantee that the Appellate Court would even hear oral arguments, if after reading the defense attorney’s brief that they find no wrong-doing during the trial. And, even if there were minor errors, the Appellate Court could rule to hold the trial judge’s errors as harmless.
If I was a gambler, I would bet that this case is over.
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
It was the victim who was stepping back, not Drejka. What does the victim's stepping back have to do with Dreka's physical ability? The victim's stepping back indicates he was trying to get out of the situation.
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
I agree. Even if they hear oral arguments, those have to be based on what's in the briefs, and briefs have to be specific about what the attorney claims is wrong with the trial. They can't just go in and say "The jury got it wrong." Most trial errors are harmless error and don't affect the outcome of the trial.
I'd bet this one is over, too.
rgp
Well-known Member
- Location
- Milford,OH
I might approach her and point out that these spaces are for the handicapped....[although I never actually have] and if she started yelling?....yeah i might [probably would] yell back.
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
Well, IMHO unless you are a handicapped person needing the space, or the owner of the parking lot, or the police, it really isn't any of your business to point out to the woman her sketchy parking. If it troubles you all that much, report it to the police., whose business it is.
Being a vigilante isn't the way to solve the problems of the world.
OK, so far so good. So, if the state appeals court upholds the sentence and denies a new trial, or even to listen to oral arguments, the next step would be to appeal to a federal appeals court? And, if that fails, the defendant would have to request that the U.S. Supreme Court hear the case?
So, would the defendant have to not only pay for his attorneys, but would he also be charged the court costs?
It will never get this far, I’m just trying to understand the progression of an appeals case. I was never involved in a federal appeals case.
It has been stated, we didn't hear any audio.
Who was the man in the store that opened the door, then went back insidel
I strongly suspect McGlockton was told, 'Someone is giving your woman hell in the parking lot.'
Note he came out of the door 'primed for action.'
He walked to the car, rapidly, hitching up his pants, a male behavior of preparedness .
Drejka killed him for pushing him down-that is it the case in a nutshell
At best McGlockton was guilty of a Class C misdemeanor, possibly a Class B, do not know how the courts operate in his state.
Provocation? you bet, Drejka had every right to get up and kick his ass, now comes the other circumstances...
A man, apparently incapable of protecting himself killed the bully.
We do not shoot bullies (some of us in grade and high school had homicidal thoughts towards bullies, but we had no pistol.)
Yes, I'm vacillating, but the actual events (audio) are unknown?
I saw a man push another man down, that man shot and killed him for it. Drejka was also primed, and carrying a pistol which made him lethal!
Nuff said!
DALLAS:
The cop shoot a man, when she was in the wrong apt-even when the evidence is beyond doubt, strange things happen.
Who was the man in the store that opened the door, then went back insidel
I strongly suspect McGlockton was told, 'Someone is giving your woman hell in the parking lot.'
Note he came out of the door 'primed for action.'
He walked to the car, rapidly, hitching up his pants, a male behavior of preparedness .
Drejka killed him for pushing him down-that is it the case in a nutshell
At best McGlockton was guilty of a Class C misdemeanor, possibly a Class B, do not know how the courts operate in his state.
Provocation? you bet, Drejka had every right to get up and kick his ass, now comes the other circumstances...
A man, apparently incapable of protecting himself killed the bully.
We do not shoot bullies (some of us in grade and high school had homicidal thoughts towards bullies, but we had no pistol.)
Yes, I'm vacillating, but the actual events (audio) are unknown?
I saw a man push another man down, that man shot and killed him for it. Drejka was also primed, and carrying a pistol which made him lethal!
Nuff said!
DALLAS:
The cop shoot a man, when she was in the wrong apt-even when the evidence is beyond doubt, strange things happen.
I've never understood why anyone would approach someone & point out that they're in a handicapped space. Do you actually think someone wouldn't already know that? Since they know it's a handicapped space & they're parking there, anyway, they're obviously an inconsiderate moron. What good is it to tell them? Especially when you'd get a reply like, "Go screw yourself."
What you say is true: those of us that are gimps have an entirely different view.
I've felt the urge to cuss a 'violator,' but in todays world, I suck it up and hobble off- me and my two canes.
I don't carry a gun in public places, my temper has gotten me in trouble before.
I've felt the urge to cuss a 'violator,' but in todays world, I suck it up and hobble off- me and my two canes.
I don't carry a gun in public places, my temper has gotten me in trouble before.
rgp
Well-known Member
- Location
- Milford,OH
Well, it might be the most polite way to approach them ? Some people are myopic & live in their own little world. Oblivious to the concerns of others. As I said, I have never done it, but that might be my approach ?
Camper6
Well-known Member
- Location
- Northwestern Ontario Canada
This is where so many people make their mistake, but you make a good point. If anyone sees a car parked in a handicapped spot, this is when you report it to the police. If they have an officer in the area and is not busy, they may respond and take up the issue with the driver.
Keep in mind that different states have different laws. In Pennsylvania, if you would call and report this vehicle with the license number and the car would leave before the officer responds to the call, he would be amiss because according to our laws, the driver must be cited and not the car. So, if I were the officer responding and the car was gone and I would go to the owner of the car’s house and ask him who was driving the car and he replied, “I don’t remember,” game over. All the officer can do is leave.
Same thing on an assault or road rage. If I’m driving down the road and someone (for whatever reason) waves his gun at me, I need to call the police immediately and hope that they can catch him/her before the car is parked and there is no driver behind the wheel. Again, police must cite the driver, unless a passenger admits to doing the act, and not the car. The car is not guilty of doing anything. Make sense?
I know of one state that no matter what goes on; litter being tossed out the window, someone flips another driver the bird, whatever, the owner would be charged and cited. If he didn’t do it and could convince one of his or hers passengers to admit guilt, the driver could get off the hook. This is another one of our laws that used to get my goat.
StarSong
Awkward is my Superpower
- Location
- Los Angeles Suburbs
I predict that Drejka is going to meet lots of new friends in the prison showers and around every corner. Prisoners reportedly have a way of meting out justice. Swiftly and decisively. Not saying it's right, just saying it happens.
Trade
Well-known Member
I was hoping for that myself, but then again there are lots of white supremacists in prison and he will be a hero to them. He will find saftey under their protective wing.
Camper6
Well-known Member
- Location
- Northwestern Ontario Canada
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
I can only speak to what happens here. I'm not a lawyer, and I'm speaking from what is readily available on the internet regarding court rules and procedure.
Here, if you cannot afford to pay for a defense at the trial level, the state appoints an attorney to represent you at no cost to you -- either the Public Defender or contract counsel.
On direct appeal, the state will also appoint appellate counsel for you and I imagine that continues to state habeas as well.
As to habeas to a federal court, the court may appoint counsel to represent you under the Criminal Justice Act if you meet the requirements for appointed counsel.
As to the Supremes, I believe they have procedures to appoint counsel for the indigent defendant. Bear in mind that just because a person wants to appeal to the Supreme Court doesn't mean that the court will agree to hear the case. They have strict limitations about which cases they will hear.
If you have appointed counsel, costs are generally also paid by the court.
It's never over, even though we think it's over.
I just watched a "20/20" report on the Chowchilla kidnapping. You may recall 3 guys kidnapped a bus load of kids & their driver & buried them underground while they demanded ransom. Some of the kids were injured & (of course) all were traumatized for life. That made the kidnappers eligible for life without parole sentences, which they received.
Later, an appeals court ruled that the kids were not injured severely enough to warrant life without parole & threw out the sentence. Two of the kidnappers have been released.
I just watched a "20/20" report on the Chowchilla kidnapping. You may recall 3 guys kidnapped a bus load of kids & their driver & buried them underground while they demanded ransom. Some of the kids were injured & (of course) all were traumatized for life. That made the kidnappers eligible for life without parole sentences, which they received.
Later, an appeals court ruled that the kids were not injured severely enough to warrant life without parole & threw out the sentence. Two of the kidnappers have been released.
In Pennsylvania and some other states, when a defendant is convicted of Felony Murder, or what some call, First Degree Premeditated Murder, the penalty is out of the judge’s hands. The defendant is sentenced to life w/o parole. However, there have been times, not only in Pennsylvania, but other states as well, where the Governor has either commuted a sentence to time served or granted clemency.
These acts by the Governor usually do not sit well with the public and this is why the Governor will generally take these actions when he is in his last year in office. Not surprising, huh?
What made me ask the question was that I recently watched the Ted Bundy story. I’m sure that you know John Henry Browne defended Bundy against his wishes and in fact asked the judge to be excused, which was denied. Anyone that knows anything about Mr. Browne, knows that he is a lawyer’s lawyer. I had the pleasure of meeting him and I found him to be very intelligent, interesting and honest. Most people would not believe that of any lawyer.
Anyway, I wondered how much was paid for his defense. He filed several appeals, all of which failed. I would really like to know how much Atty. Browne was paid. Do you know if Browne was also Bundy’s Appellate Attorney? Can a trial attorney also act as an appellate attorney in the same case? I never saw it happen, but can it?
No, it's not surprising. I also remember Bill Clinton pardoning drug dealers whose families contributed to his campaign (with drug money proceeds) just before he left office. Such powers should not be in any politician's hands. They make our justice system even more pathetic than it already is.
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
Here, an attorney can act as both trial and appellate counsel, providing they are admitted to practice in the particular appeals court. And yes, it does happen. I've seen it happen quite a bit. However, in many, if not most, criminal cases, a separate appellate counsel is hired or appointed, as appeals are a whole different ball game than trial court. If the defendant has appointed counsel, he must be appointed by the successive court. Many times the same attorney will act through the state appeals, but another is appointed for federal appeals. Courts, especially those above trial court level, have lists of those attorneys who have agreed to act as appointed counsel. Appointed counsel are paid, in all courts that I know of, based on a schedule of what the court is willing to pay for what services, costs, etc. (and it's nowhere near what attorneys get paid in private practice, BTW).
As to Browne, I did some searching on the internet and can't find out a whole lot about his dates of representation of Bundy, except for vague references. Most sites say Browne represented Bundy only "briefly" and in the 70s and early 80s. I did find out that Bundy's last most active attorney was named Peggy Nelson and she did the final post-conviction work on trying to save him from execution.
The Florida public defender who asked to withdraw and was made to remain as consulting counsel was Michael Minerva. I can't find any definitive answer as to what, if any, role Browne played in the Florida trial.
As his cases progressed through the various courts, Bundy was represented by a whole host of attorneys from time to time.
I doubt it is possible to find out how much Browne was paid, or by whom. Often high-profile cases attract high-profile attorneys who work for free or a reduced fee for clients in cases the attorneys are interested in.
Now you've piqued my interest and I'll keep looking just for fun.
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
Same here, only ours are $300. I almost got one in a Walgreens parking lot right after I had my hips replaced and I had forgotten to hang the placard over the rearview mirror. The cop tore up the ticket after I came hobbling out of Walgreens with my walker, but I got a stern talking to about hanging the placard. Can't blame the cop, though, I WAS in a handicap spot and there was no placard visible.