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Monday, March 26, 2018

A STATE SPEEDY TRIAL DEMAND

YAWN....😯
Count us as being supremely bored by the 60 Minutes interview of Stormy Daniels. She slept with Trump before he was. president. He paid her to keep quiet. And the sun rises in the east. What else is new? 

We actually were surprised by some of the "facts" we heard on Fox news Sunday morning whilst stuck in a NetJets airport waiting room, including that the Obama administration didn't want to ban bump-stocks and that Obama didn't want to raise the pay of members of the military.
That was surprising news.  If you can call what Fox broadcasts "news". 


STATE SPEEDY TRIAL DEMANDS???!!!!
Just when you think you've seen it all, some yahoo legislators have proposed Proposition 96 which, inter alia, will allow the prosecution to file a speedy trial demand. And this differs from the prosecution objecting to a defense continuance how? 

(10) The right to proceedings free from unreasonable delay,  and to a prompt and final conclusion of the case and any related  postjudgment proceedings. 
a. The state attorney may file a good faith demand for a  speedy trial and the trial court shall hold a calendar call,  with notice, within fifteen days of the filing demand, to schedule a trial to commence at a date at least five days but no  more than sixty days after the date of the calendar call unless the trial judge enters an order with specific findings of fact  justifying a trial date more than sixty days after the calendar  call.


13 comments:

Anonymous said...

Regarding the defense attorney who handled the PVH that resulted in the 50 year sentence that Hanzman overturned:

Explain to me why, in all seriousness, he is not attracting any blame. The mistakes detailed in the order do not seem justified by Rebull "forcing" him into hearing. Who prepares for MTS without at least imagining the PVH or trial could happen the same day? The mistakes detailed in the order are egregious -- unacceptable for a first year PD in juvie, much less someone representing a murderer.

Perhaps this attorney has earned the mulligan because of some extraordinary lawyering he has done. I am young and new here, so do not know about it. I would be happy to learn from those who know his work.

As it stands, Im a little afraid for his current clients as it stands.

Anonymous said...

Right for a State speedy trial already exists. Three defense continuances over State's objection and they can file one. I was a former ASA who tried this and it never worked.

Anonymous said...

In my (female) opinion, Stormy looked like a fool.

Anonymous said...

Basically, this new rule will mean that if the State filed a demand at arraignment, your pwi or felony battery case will move slightly slower than your average one week federal trial.

Anonymous said...

Idiots

Anonymous said...

If ASA's would turn over discovery in a timely manner and assist in getting in the necessary witnesses for defense depositions then cases would be tried in an expedited fashion. More than half of the delays in state court cases are due to the state. Why does it take a detective 6 months to prepare a report in a homicide case?!?

Anonymous said...

Anderson Cooper is such a douche. Trump has a family. These people in the media are gross.

Anonymous said...

The notion that he was "forced" into a PVH is absurd. Only in REG The affidavit had been pending for a year at the time of the hearing. He was never going to be prepared for the hearing.

Rumpole said...

Ummm...if Trump cared about his family, perhaps he wouldn't be sleeping with strippers and playboy models months after his son was born.

Anonymous said...

Ummmm...Did you ever consider they might have an open marriage?

Anonymous said...

EXISTING STATUTE already purports to give State a right to demand a speedy trial under certain circumstances:
960.0015. Victim's right to a speedy trial; speedy trial demand by the state attorney

(1) The state attorney may file a demand for a speedy trial if the state has met its obligations under the rules of discovery, the charge is a felony or misdemeanor, the court has granted at least three continuances upon the request of the defendant over the objection of the state attorney, and:
(a) If a felony case, it is not resolved within 125 days after the date that formal charges are filed and the defendant is arrested or the date that notice to appear in lieu of arrest is served upon the defendant; or
(b) If a misdemeanor case, it is not resolved within 45 days after the date that formal charges are filed and the defendant is arrested or the date that notice to appear in lieu of arrest is served upon the defendant.

Anonymous said...

The proposition also permits an alleged victim to “refuse” to be deposed. I believe there is some additional language that seeks to shield alleged victims from invasions of privacy during the discovery process. I know depos aren’t the norm across many jurisdictions but why now? It isn’t like victims don’t have broad rights now...I wonder how prosecutors will view the new victim’s right to participate in plea negotiations..utterly bizarre proposal.

Anonymous said...

Maybe maybe not. Some men care about their families and cheat on their wives. Do t be a douche too.