I'm Disappointed

[BehindBlueI's]

Given that he got the plea bargain, immediately appealed the sentence, and was thoroughly thumped in the Court of Appeals . . . I'd say there's a pretty good chance that the prosecutor could have gone for the max and gotten it.

The testimony and forensic evidence was damning enough -- he also smirked throughout the trial, something the judge noted when issuing the verdict.

Appeals and trials are different things. The appeal isn't a do-over, it doesn't retry facts, etc. It's, in very broad strokes, looking for errors in procedures and proper application of the law. Not saying that he could or could not have prevailed in trial, just that how an appeal goes is not indicative of the strength of the original case.

 

[IndyDave1776]

Appeals and trials are different things. The appeal isn't a do-over, it doesn't retry facts, etc. It's, in very broad strokes, looking for errors in procedures and proper application of the law. Not saying that he could or could not have prevailed in trial, just that how an appeal goes is not indicative of the strength of the original case.

My favorite example of this is an appellate court rejecting an appeal with the explanation that proof of innocence is not grounds for an appeal. It sounded bizarre as hell to me when I read this (quite a few years back).

 

[JTScribe]

Appeals and trials are different things. The appeal isn't a do-over, it doesn't retry facts, etc. It's, in very broad strokes, looking for errors in procedures and proper application of the law. Not saying that he could or could not have prevailed in trial, just that how an appeal goes is not indicative of the strength of the original case.

Understandable, but just the gall of taking a plea bargain then appealing . . . even the judge got a little hot over it.

 

[T.Lex]

It always makes me think about the society that found it necessary to come up with a specific word for that.

At least it is a fancy word.

My favorite example of this is an appellate court rejecting an appeal with the explanation that proof of innocence is not grounds for an appeal. It sounded bizarre as hell to me when I read this (quite a few years back).

Our appellate courts are not designed to take in new evidence. That's what trial/PCR courts are for. There are mechanisms to be able to present newly found evidence in trial courts, although the hurdle for it to work is understandably high.

I think what you're referencing, though, is the federal habeas proceeding. That process, given the federal/state structure of our government, is designed to focus on the legal process and constitutional infirmities that might be present in a case. Actual innocence, while a defense to certain arguments, is not actually the focus. Again, there are mechanisms to get that evidence in front of the appropriate trial court.

In other news, most of the people in prison claim to be actually innocent. If that were a real thing, the courts would be dealing with nothing but that.

Understandable, but just the gall of taking a plea bargain then appealing . . . even the judge got a little hot over it.

In the context of a guilty plea with an open sentence, that's the only thing (basically, there are some technicalities that are pretty rare nowadays) that can be appealed - the sentence. And that's a long-shot of an appellate issue. (Right up there with Insufficient Evidence of Guilt.)

 

[JTScribe]

I think he appealed that he wasn't adequately represented. He got a unanimous STFU from the appelate court.

 

[T.Lex]

I think he appealed that he wasn't adequately represented. He got a unanimous STFU from the appelate court.

Ah, right - that would be the PCR (post-conviction relief) process (although, now that I reflect a bit, it can be presented on direct appeal, but that gets into the weeds). There's a constitutional right to counsel. That has been held to mean "effective assistance of counsel." Arguing that one didn't receive effective assistance of counsel in a guilty plea is, while popular, generally a loser issue.

 

[Leo]

Rope, need to buy more rope.

 

[JettaKnight]

UPDATE: The last one just gets probation.

Probation for teen initially charged with murder | WANE

W.T.F.

 

[HoughMade]

I would suggest the book "Mistrial" by Mark Geragos and Pat Harris if you think the system is built to be soft on crime. I listened to it on my drive down to Louisville and back this week for a deposition. It's an engaging book written for non-lawyers and heavy on the anecdotes which explains that, in many ways, the system has grown to be stacked in favor of the prosecution. A compelling case is made.

...and always remember: One man's "technicality" is another man's Constitutional right. Literally.

UPDATE: The last one just gets probation.

Probation for teen initially charged with murder | WANE

W.T.F.

You would prefer that they went to trial on the murder charge knowing they could not make their case?

 

[rhino]

Sometimes it works. For instance, Kofi Ajabu is still in prison.

 

[JettaKnight]

You would prefer that they went to trial on the murder charge knowing they could not make their case?

I know reality, but sometimes... ignorance is bliss.

Anyways, my complaint is against the situation as a whole, not aimed at anyone in particular in the chain of justice.

 

[T.Lex]

I know of a case where a guy was charged with murder and capital aggravators, then by the time it went to trial it was just murder, which resulted in acquittal.

That's way worse, from a prosecutor's perspective, than a low ball guilty plea.

 

[indiucky]

I listened to it on my drive down to Louisville and back this week for a deposition.

You should have stopped by....You're always welcome to stop in and grab an ice cold RC....I am one mile off of 65 right before the bridge....

 

[rhino]

You should have stopped by....You're always welcome to stop in and grab an ice cold RC....I am one mile off of 65 right before the bridge....

Do you have Diet Rite too?

 

[HoughMade]

You should have stopped by....You're always welcome to stop in and grab an ice cold RC....I am one mile off of 65 right before the bridge....

I'll remember that. I stayed in Clarksville Tuesday night.

 

[BobDaniels]

Sometimes it works. For instance, Kofi Ajabu is still in prison.

That POS should be under the prison.

 

[Joniki]

UPDATE: The last one just gets probation.

Probation for teen initially charged with murder | WANE

W.T.F.

We will see his name in the news again...

 

[oldpink]

That POS should be under the prison.

For those who don't know the details - Back in the day: 21 years ago, a tragic murder in Carmel ? Current in Carmel
How depraved can an individual (he doesn't deserve to be called anything implying human) possibly get?

btw...while on the subject of those worthy of capital punishment, here is a particularly heinous case that still makes me seethe that it was not handed down - 2 Arrested In Ax Slaying Of Indiana Minister, Wife - tribunedigital-chicagotribune

"Rich has been a suspect in the double murder since the day after the Rev. C. Frederick Mathias and his wife, Cleta Mathias, were found in their northside Indianapolis home bound and killed on Dec. 15, 1996, Detective John Gray said. The ax was found stuck in the minister's head."

Two details left out of this somewhat perfunctory article are that Rev. Mathias's and his wife had taken Brightman into their own home in an altruistic effort to help a troubled young man get on the straight and narrow, and the last words spoken by Rev. Mathias seconds after Paul Brightman had just murdered his wife with the ax were "You're going to hell, Paul Brightman. You're going to hell."
Seriously, why in the actual **** didn't these two scumbags ride the lightning for this atrocity?
Is it any wonder that so many people are cynical about a system like this?