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  1. #41
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Taxing Matters
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    While likely true, I think that narrowing exactly what the OP would like addressed would be helpful in focusing the discussion to help her get what she's looking for.
    I'm going to take a wild guess and say she's looking for any advice on how to get her husband out of prison.

  2. #42
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    I'm going to take a wild guess and say she's looking for any advice on how to get her husband out of prison.
    If that is what she is after then she is in the wrong place. Internet forums cant give legal advice on an extremely complicated cases such as this one. The only way to give adequate advice is evaluating all the facts and nuances of the case. And since it went to trial and resulted in a conviction there are specialized rules and filing deadlines for appeals. If she wants advice, beyond general explanations of what happened, that she can actually act on then she needs to take the case material to an attorney who is specialized in appeals.

  3. #43
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Taxing Matters
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    You are reading into the rule more than is there. The rule simply addresses when the defendant may waive his right to a jury trial. It does not on its face directly address whether the state has a right to a jury in a criminal case when the defendant has waived his right. Allowing a defendant to waive his right to a jury trial is not the same thing as saying the defendant has a right to a bench trial.

    That said, you happen to be correct that in Ohio the defendant has the right to a bench trial if he/she wants one. Some legislators in 2011 tried to change Ohio law to conform to the law in the federal system and the majority of states that effectively gives the prosecutor a right to a jury. In a legislative analysis provided to the legislature by the Ohio Judicial Conference (OJC), which speaks for the Court system, the OJC stated:
    Good link, thanks.

    I also checked the Revised Code before that post and it coincides with Rule 23. My reasoning was, since there was no language to legally indicate otherwise, the Rule seemed to exclude any provision for what the link provided. I know states differ to varying degrees.

    http://codes.ohio.gov/orc/2945


    I also read Federal Rule 23 and see the difference.

  4. #44
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    On a side note I'd like to make a comment about attorneys.

    There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors. Defense attorneys that represent civilians may know that their client is guilty but it is our right to try to defend ourselves any way we can. If a plaintiff is harmed it is his right to try it before a jury. However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?

    It is ok for us to use whatever available to be acquitted, regardless of guilt, but why is it ok for a prosecutor to do it. Getting guilty people off is not nearly has harmful as convicting innocent people.

    My answer to my own question is because lawyers and prosecutors don't care about guilt, fault or innocence. All they care about is winning. In the OP's case, all the prosecutor cares about is getting a conviction...any way he can. Suppressing witness testimony to get that conviction is disgusting. I saw it all through my trial too...the defense attorney made every effort to gag me.

    Quote Quoting Fuzzz
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    If that is what she is after then she is in the wrong place. Internet forums cant give legal advice on an extremely complicated cases such as this one. The only way to give adequate advice is evaluating all the facts and nuances of the case. And since it went to trial and resulted in a conviction there are specialized rules and filing deadlines for appeals. If she wants advice, beyond general explanations of what happened, that she can actually act on then she needs to take the case material to an attorney who is specialized in appeals.
    Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.

    In my case I spoke to countless non-lawyers, before and after the trial. I learned most about my case from non-lawyers. I learned about the heavy bias and shallowness of juries from talking on forums like this one. So speaking on forums is not useless.

  5. #45
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    On a side note I'd like to make a comment about attorneys.

    There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors. Defense attorneys that represent civilians may know that their client is guilty but it is our right to try to defend ourselves any way we can. If a plaintiff is harmed it is his right to try it before a jury. However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?

    It is ok for us to use whatever available to be acquitted, regardless of guilt, but why is it ok for a prosecutor to do it. Getting guilty people off is not nearly has harmful as convicting innocent people.

    My answer to my own question is because lawyers and prosecutors don't care about guilt, fault or innocence. All they care about is winning. In the OP's case, all the prosecutor cares about is getting a conviction...any way he can. Suppressing witness testimony to get that conviction is disgusting. I saw it all through my trial too...the defense attorney made every effort to gag me.



    Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.

    In my case I spoke to countless non-lawyers, before and after the trial. I learned most about my case from non-lawyers. I learned about the heavy bias and shallowness of juries from talking on forums like this one. So speaking on forums is not useless.
    This sounds very familiar in tone and content. Very familiar, indeed.
    "Where do those stairs go?"
    "They go up!"

  6. #46
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors.
    Well ok. I guess estate planning attorneys, immigration attorneys, bankruptcy attorneys, contract attorney, social security disability attorney, etc. are all just faking it then?

    Quote Quoting Harold99
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    However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?
    And how exactly are you privy to the information that the prosecutor in this case believes the defendant was innocent? Have you spoken to him? That is a huge assumption to make based on pretty much nothing.

    Quote Quoting Harold99
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    Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.
    Whether most of the people here are attorneys or not doesn't matter. If she wants advice specific for her case there is no way anyone can answer that over a forum. It would require her posting a ton of information here including court transcripts, all the filings and rulings, what exhibits or evidence the state used, etc. Someone would then have to pour through all of it to give any sort of reasonable advice. Even if everyone posting here was a highly experienced trial attorney there is just no way to give specific advice on the case in this format.

    Quote Quoting Harold99
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    So speaking on forums is not useless.
    I never said they were. Just that this situation is not appropriate for a forum for reasons stated above. If she is looking for "any advice on how to get her husband out of prison" as you stated then she needs to contact an attorney specialized in appeals. There is absolutely no way that anyone, attorney or not, can advise her beyond generalized explanations with what little information has been provided.

  7. #47
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    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Fuzzz
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    Well ok. I guess estate planning attorneys, immigration attorneys, bankruptcy attorneys, contract attorney, social security disability attorney, etc. are all just faking it then?

    And how exactly are you privy to the information that the prosecutor in this case believes the defendant was innocent? Have you spoken to him? That is a huge assumption to make based on pretty much nothing.

    Whether most of the people here are attorneys or not doesn't matter. If she wants advice specific for her case there is no way anyone can answer that over a forum. It would require her posting a ton of information here including court transcripts, all the filings and rulings, what exhibits or evidence the state used, etc. Someone would then have to pour through all of it to give any sort of reasonable advice. Even if everyone posting here was a highly experienced trial attorney there is just no way to give specific advice on the case in this format.

    I never said they were. Just that this situation is not appropriate for a forum for reasons stated above. If she is looking for "any advice on how to get her husband out of prison" as you stated then she needs to contact an attorney specialized in appeals. There is absolutely no way that anyone, attorney or not, can advise her beyond generalized explanations with what little information has been provided.
    Sure, there are tons of different specialties for lawyers. I was referring to lawyers in the OP's and in my case.

    You changed "advice" to "specific advice". I never said that.

    Since you glossed over my point, I said that lawyers are not stupid. They know when their client is guilty but they try like hell to get them off anyway. On the other hand, prosecutors know when the accused is innocent too, and they have a sense when they can secure a conviction against an innocent man if the opposing counsel is a novice. I watched it happen to my friend, he got 45 years. My point is that it is ok when a defense attorney does that but an honest person would have to agree that prosecutors do it too.

    True, I do not know if this lady had bruises all over her face and a witness saw her get raped at knifepoint by her husband. But saying folks here cannot offer advice because we did not read the court transcripts is not true. I know what she is likely dealing with because I have seen it before...with my friend and in my case. Courtrooms are full of lying SOB's in suits, including prosecutors.

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