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  1. #1
    Join Date
    May 2013
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    Default Judge Dismissed My Right to Discovery

    My question involves traffic court in the State of: Mississippi

    Had a trail date today. The cop didn't show up. Most of the time, the case is dismissed and defendant wins, but the judge granted the prosecutor's request for continence.

    I sent both the police officer and the prosecutor letters of discovery a month ago and have not received anything back. I stated this to the judge, and he ignored it. I than stated I have a right to this information and need it in order to build my defense. The judge very rudely said "no you don't, it's just a radar detector and turning fork" and literally got up and walked out.


    What to do?

    The prosecutor said some of the things I asked for were absurd. (here is the letter outline I used: http://tipmra.com/new_tipmra/Speedin..._Discovery.htm). Sure some may be "too much", but the very least the cop or whoever could reply back with his notes and the radar detector model and when it was calibrated. Neither the cop or prosecutor sent me ANYTHING. And the judge here thinks that is fine. I am not expecting a response back from my discovery.

    Can I have the case dismissed for not responding to my discovery request and/or attempting to hide info?

    Even though the judge thinks its fine if they don't respond and that I don't need a response, what do I do if the judge is not willingly to throw it out and not granting me my right to receive the information I stated?

  2. #2
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    Sep 2012
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    1,991

    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    You do not have an unlimited right to all information you desire.

    Reading your link I must assume the judge left the room to seek treatment due to a severe eye-rolling injury.

  3. #3
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    Mar 2013
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    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    What to do?

    How about accepting the fact that you broke the law and got caught?

    Imagining that you can beat the ticket by challenging the radar, the cop, the judge is just delusional.

    Do you think you are the first one to try that gimmick in the courtroom?

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    Can I have the case dismissed for not responding to my discovery request and/or attempting to hide info?
    You aren't in court yet so there is still time.


    Even though the judge thinks its fine if they don't respond and that I don't need a response, what do I do if the judge is not willingly to throw it out and not granting me my right to receive the information I stated?
    If you can prove you had a lawful right to the information and you followed proper protocol to receive the discovery you seek and it was material to your defense and you properly register your objection to continuing the trial without the information, you can appeal the decision.

    I have not researched the rules of court in your state but you should. There is a proper method for requesting discovery. Is the letter adequate? I don't know but you need to know.


    There is a proper defense for contesting the reading of the radar or more accurately, the acceptability of the reading for your state. I don't know it but you need to know it.

  5. #5
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    May 2013
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    13

    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    sure even I agree the request was too much. But, he could of at the very least, shown his notes, and told me his location and the radar model.

    I ask because he said I was going 56. I had my cruise control at 45.

    And there is multiple reasons why it can not be valid. Radar detectors must be calibrated by a certain time frame. Radar detectors manuals often tell some detectors aren't valid at certain inclines (gives false readings). There are certain things that can interfere with radar detectors, if I knew his location I can tell if this valid or not.

    Literally can think of 100s of reasons.

    And I do have a right to know.

  6. #6
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    Jan 2006
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    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    Quote Quoting whatisthis
    View Post
    sure even I agree the request was too much. But, he could of at the very least, shown his notes, and told me his location and the radar model.

    I ask because he said I was going 56. I had my cruise control at 45.

    And there is multiple reasons why it can not be valid. Radar detectors must be calibrated by a certain time frame. Radar detectors manuals often tell some detectors aren't valid at certain inclines (gives false readings). There are certain things that can interfere with radar detectors, if I knew his location I can tell if this valid or not.

    Literally can think of 100s of reasons.

    And I do have a right to know.
    but none of that matters if you did not follow proper protocol to request discovery or the 100's of reasons are not accepted in your state's courts as valid defense issues.

  7. #7
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    May 2013
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    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    i think protocol was fine. prosecutor said "some" my request was "absurd" (than why not respond to the non-absurd things?). judge didn't even bother to look at my letter of discovery, completely dismissed it.

    "It is estimated that over 25% of all radar tickets are in error."
    Source: http://www.radarbusters.com/mistakesarticle.cfm


    Funny thing is the cop said he pulled me over for going 40 in a 30. Asked if i was in a hurry, said no, so he asked for license (nothing else) and wanted to do a background check?, comes back with a ticket for 56 in a 45. I ask "I thought..." get interrupted, he says there's a court date, and walks off.
    find out cops get paid bonus/extra for showing up to court... no wonder this guy wants to go to court.

    really don't care about the money for the ticket to be honest.
    just pissed that I thought cops were suppose to help citizens, not ignore them, (or my right to discovery for that matter), and this guys so adamant about going to court to pick up a "bonus" check... told the prosecutor he couldn't make it today, but noone wanted to tell me till after i waited the 2 hours in court and get called up *sigh*

  8. #8
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    Mar 2010
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    Snohomish, WA
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    1,588

    Default Re: Judge Being Rude (Literally Walked Out) and Dismissing My Right to Discovery

    I lived in Mississippi for a while. Getting out of tickets is damn near impossible because 1. The speeding laws are written in such a way that you're guilty, period. 2. The very attitude of the police, prosecutors and judges that you detailed.

    And sadly, it appears that the 'Good Old Boys Club' still run the courts in MS even 24 years later.

  9. #9
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    Sep 2005
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    Default Re: Judge Dismissed My Right to Discovery

    Quote Quoting whatisthis
    View Post
    I sent both the police officer and the prosecutor letters of discovery a month ago and have not received anything back. I stated this to the judge, and he ignored it. I than stated I have a right to this information and need it in order to build my defense. The judge very rudely said "no you don't, it's just a radar detector and turning fork" and literally got up and walked out.
    You will need to tell us exactly what it was that you were trying to obtain from the court at that juncture. If you were arguing that the prosecutor should have physically handed you the radar detector and tuning fork, it would not be a surprise that the judge said that the prosecutor does not have to do that.
    Quote Quoting whatisthis
    The prosecutor said some of the things I asked for were absurd.
    And you agree - so that doesn't help you. It makes you appear to be engaged in a wild, scattershot fishing expedition or attempt to harass the prosecutor instead of trying to obtain information relevant to your defense.
    Quote Quoting whatisthis
    ...but the very least the cop or whoever could reply back with his notes and the radar detector model and when it was calibrated.
    It's not the officer's job to respond to discovery.

    What notes does the officer have that you do not yet have?

    Have you checked to see if records pertaining to the radar detector are available for inspection at the police station?
    Quote Quoting whatisthis
    Can I have the case dismissed for not responding to my discovery request and/or attempting to hide info?
    The judge apparently already ruled on the issue, and found that the alleged denial of discovery does not impair your ability to prepare for trial. Should you lose at trial, you may have grounds to appeal.

  10. #10
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    May 2013
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    13

    Default Re: Judge Dismissed My Right to Discovery

    I don't even think you read any of the posts, just the title and put in your 2 cents.


    You will need to tell us exactly what it was that you were trying to obtain from the court at that juncture. If you were arguing that the prosecutor should have physically handed you the radar detector and tuning fork, it would not be a surprise that the judge said that the prosecutor does not have to do that.

    >pretty much this:
    http://tipmra.com/new_tipmra/Speedin..._Discovery.htm


    And you agree - so that doesn't help you. It makes you appear to be engaged in a wild, scattershot fishing expedition or attempt to harass the prosecutor instead of trying to obtain information relevant to your defense.

    > I agreed some were crazy. But, as the prosecutor said himself "some" of the things were absurd. In that case, he agrees some weren't. And he should have supplied that. I have seen the other courts reply to discovery letters, they rarely send everything someone askes, but they do send most. I didn't receive ANYthing.


    It's not the officer's job to respond to discovery.
    What notes does the officer have that you do not yet have?
    Have you checked to see if records pertaining to the radar detector are available for inspection at the police station?

    > he gave the ticket. he should have wrote notes or some thing more than what i have (my speed and the speed limit). in his notes are things such as I was standing at such and such location when i clocked this person.


    The judge apparently already ruled on the issue, and found that the alleged denial of discovery does not impair your ability to prepare for trial. Should you lose at trial, you may have grounds to appeal.

    > he didn't even bother to look at the discovery letter. there are literally 1000 ways to get a ticket dismissed. and i need them to respond to the discovery to uncover these. for example, radar detectors need to be calibrated every two years, if his wasn't. than it's removed. Or even something very simple like his police notes such as he was standing at such and such location when he clocked me. OK great, was that on an incline? Incline more than 20 degrees? guess what? radar detectors are considered ineffective at inclines greater than 20 degrees. Was he moving when he clocked me? guess what? manual states the source (radar detector) needs to be stationary or it'll be not effective (google Doppler effect if you didn't pay attention in middle school physics). Was he standing next to some large metal object? guess what? causes interference with the radar detector. Can think of a 1000 other reasons.


    As far as if the judge thinks I need the info i requests or not, that his opinion. And his opinion goes against my right to discovery to build a defense case. Kind of like a cop telling a kid who got a DUI that he's not going to give him a trial (even though he has a right to trial) and telling the kid "there's not much to it, if they pulled you over and did their tests you are guilty, bye"

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