ping
Maybe Broden figures this is "new material," and belongs in a supplemental to his appeal, rather than in any rebuttal to the state's response to the appeal.
The law is an adversarial process, all the players know this and most find that fact to be a feature, a net plus, etc. So, the fact that the state says things like "examining trials are not needed unless defendants are in jail and seeking another way out" is not remarkable at all. The state is Clendennen's adversary. The state has accused Clendennen of a felony. The state is not about to admit or accept without rebuttal that its accusation is wholly lacking in individual probable cause.
It is entirely typical for the state to issue a gag order on the premise that publicity compromises a fair trial, and for the state to then go out and justify arrest, which implies that there is probable cause the accused committed a crime. Sometimes the state offers the thin disclaimer of "not yet proven in court," but by golly, the state acts like it has the proof and is itching to show it, and claim another conviction. A fair trial, after all, includes that the trial be fair to the state, too!
Article: On the contrary, Broden wrote, Clendennen is seeking an examining trial so that “an innocent person can be promptly cleared of criminal charges wholly lacking in individual probable cause.”
I assume but have not verified, that the state can still bring charges even if the defendant has been discharged in an examining trial.
You know what I find most telling about this?
Supposedly these two groups hated each other so much that when the Bandidos walked out of that restaurant, all of them, both side immediately pulled guns and began shooting each other. That’s basically what the cops give as the reason for firing into the crowd.
Isn’t it amazing that a Lawyer, who is a member of a Cossacks affiliated club would be helping Bandidos as well.
I guess, according to the cops, and some on this board, we should expect to find this lawyer with a bullet in his head any day now. As we all know “Outlaw Motorcycle Gangs” kill each other indiscriminately for any slight. /s
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Only the lies seem to pique the interest of the msm.
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In re Clendennen amicus action
The state was ordered, on July 16, to file a response within 14 days. It is possible that the state will file a motion to extend time, which would certainly be granted because the court won;t render a decision without hearing from opposing parties who appear to be noticing the court.
07/31/2015 Reply brief filed Relator [Relator=Broden/Clendennen] 07/30/2015 Brief filed - oral argument requested State 07/29/2015 Supplemental petition for writ of mandamus filed Relator
I sure would like to find links to the briefs! Meanwhile, Aging Rebel will have to do.
The attorney representing Clendennen, one of the Twin Peaks defendants charged with engaging in organized criminal activity during a shootout between police, and members of the Cossacks and Bandidos Motorcycle Clubs, wrote to the U.S. Attorney and the Department of Justice saying that the allegations in the affidavit of warrantless arrest are defective because they specify no individual probable cause that he committed the offense. ..."I have also been provided credible information that Reyna and members of his staff were told by Waco Police Sgt. J.R. Price that the criminal complaints did not support most of the arrests and that other police officers refused to sign the complaints."
Found while searching for the reply brief filed by Reyna, in the gag order case, and Broden's response to the State's reply.
This is the first I've seen that some of the Waco police are alleged to have recognized the cookie-cutter affidavit as deficient. Looking forward to seeing the the Examining Trial judge follows my speculation, doubling down and finding probable cause where none exists.
If you feel like doing some "legal reading," Suits Against Public Officials in Their Individual Capacity | Federal Practice Manual for Legal Aid Attorneys gives the broad outlines with case citations for immunity to the judges and prosecutor involved in depriving a person of civil rights. The general rule is "absolute immunity for judicial/prosecutorial acts."