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Post by learnin2 on Dec 7, 2004 7:56:38 GMT -5
Hi Marc and everyone. Why not just ask the judge straight out at the hearing, if you have a right to discovery? And whether or not the hearing can proceed with out it? If it isn't thown out right then, then ask the person defending the ground if there's evidence of a complaining party.
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Post by learnin2 on Dec 7, 2004 8:02:57 GMT -5
In fact why not petition for dissmissal on these grounds to start with?
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Post by marc stevens on Dec 7, 2004 8:15:22 GMT -5
That is a good question and is usually asked. I like to ask if I am entitled to responsive answers to my questions. If I just move to dismiss right away it is only my opinion, I need to question the black-robed wonder lawyer first.
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Post by learnin2 on Dec 7, 2004 8:34:30 GMT -5
At what point are they required to provide discovery? Hearing? Trial? In sonargc's case, Is there any way that they can say he got a fair trial, and FULLY understood the nature of the charges against him, If he was denied his right to discovery?
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Post by learnin2 on Dec 7, 2004 10:03:36 GMT -5
Why not force these cases to trial, where these glaring dicrepencies can be shown in front of a jury, where court records are kept? Wouldn't this have the greatest social impact? If i was already found guilty, or inocent, before of the same so-called crime, Can I ever be tried again? Do double jepardy Laws mysteriouslly not apply here? Can you be charged with the murder of the same person twice, whether or not they really died the first time? Watch the movie Double jepardy.
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Post by s0nargc on Dec 7, 2004 10:17:43 GMT -5
In fact why not petition for dissmissal on these grounds to start with? We're working on it. ------------------------- The reason he didnt want to push for discovery (and wait behind bars for a date to be set) is that the nearest possible date for discovery was a bit more than 70 days away. At that point he'd already been in a month and didnt want to wait two and a half more. He had some other things going on and had to get out. Plea bargain was the only way at that time.
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Post by marc stevens on Dec 7, 2004 15:35:09 GMT -5
Why not force these cases to trial, where these glaring dicrepencies can be shown in front of a jury, where court records are kept? Wouldn't this have the greatest social impact? Why force to trial? They're already forcing you to trial. Isn't it better to get the case thrown out at the arraignment if possible? If you are looking for social change, then the people in the court during an arraignment are probably just as likely to be convinced the system is a sham as a juror.
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Post by weis on Dec 7, 2004 18:58:29 GMT -5
I motioned ole Pauly, the devil with the black dress, black dress, devil with the black dress on, for discovery in my traffic deal, & he said it is not permitted in Florida Traffic cases. There's gotta be a way around that.
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Post by learnin2 on Dec 7, 2004 20:02:08 GMT -5
Thanks , makes pretty good sence. Thanks sonargc, I was just wondering if it's still possible to use as an defence for appeal or not.
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Post by marc stevens on Dec 8, 2004 18:03:30 GMT -5
In Florida and Arizona there is no discovery so the black-robed super lawyers have given themselves a loophole. I go in to plead guilty, I don't understand and I have a few questions, because they told me I am "entitled to be informed." I use that instead of discovery in such cases and that is how I would get around it learnin2.
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Post by learnin2 on Dec 8, 2004 21:15:51 GMT -5
Yea, I see how this method still works. Thanks Marc. The book was wonderful. Some of the most reasoning I've heard in quite awhile. I'll have to order a couple more for christmas presents.
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Post by marc stevens on Dec 9, 2004 10:56:50 GMT -5
Thanks. By the way, there are bulk discounts
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Post by learnin2 on Dec 9, 2004 20:22:10 GMT -5
Please, define bulk, factually. J/K How many books, what kind of savings?
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Post by marc stevens on Dec 9, 2004 23:10:01 GMT -5
;D ;D ;D
5-10 are 17, 11-25 are 15, 26-50 are 12 and 51+ are 10 each.
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Post by learnin2 on Dec 10, 2004 7:34:54 GMT -5
Great, Thanks Marc!
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