Posted on 07/16/2013 11:31:53 AM PDT by SeaHawkFan
Read the above case and you can see that as the complaining witness in the prosecution, and with all her lies and deception, Angela Corey will not be able to claim prosecutorial immunity.
This is why ALL smart prosecutors avoid composing affidavits for prosecutions, because writing them makes them the complaint witness, and thus liable to civil action.
(Excerpt) Read more at scholar.google.com ...
And did I read where she had a 12 yr old stand trial as an adult?
Interested in you opinion on this.
Ok but the title was at first confusing as it makes one think that Corey is somehow involved in the Fletcher case.
What you’re saying to be clear is that the Fletcher case shows how a prosecutor can be held liable for misconduct. Thanks for the link.
But who would bring the suit against Corey?
Zimmerman.
I can see one “Hor-Hay” Zimmerman being front and centre on this one. I think he’d win, too. Malicious and unfounded prosecution for starters.
Very interesting
I was a Chief Deputy Prosecutor when Kalina v. Fletcher was handed down. It does not say what your quick blurb says it does. Kalina holds that a prosecutor DOES have absolute immunity if they draft the Probable Cause affidavit, when the affidavit is signed by someone else. It is only when the prosecutor signs the affidavit themselves UNDER OATH that they lose full immunity and only receive qualified immunity.
This did not change any of the policies of my office at the time of the opinion. I had already determined that NO prosecutor was going to make a statement of probable cause under oath. That is for the police officer to do. Prosecutors are advocates, not witnesses.
I regularly conducted training sessions to police officers on how to write PC affidavits, and always cautioned them about false statements or writing misleading affidavits. I had two detectives terminated for fudging their PC affidavits, although the statements didn’t rise to the level of outright perjury. It was more for what they omitted than for what they said. I took sworn probable cause very seriously.
Now, I suppose that if there were a case where a plaintiff could prove that a prosecutor deliberately and knowingly suborned a perjured PC affidavit, they would lose their immunity. But a prosecutor willing to do such a thing is unfit for their job and should be compelled to do something else anyway.
Mark for later.
Star struck career climbers tend to ignore common sense. Corey belongs in prison.
The nutshell of this is while Corey claims absolute immunity in her position, the SCOTUS case points out
1 there’s never ever been ABSOLUTE immunity to judges, prosecutors, DAs, and
2, while generally what could be considered absolute immunity for these people only applies to them as they perform their functions to resolve disputes,
they only have qualified (limited) immunity whne it comes to making DISCRETIONARY policy decisions. If they make such decisions with malice and without probable cause, they can be held personally liable.
Basically otherwise they could railroad people by charging them on false charges or ignoring facts, omitting facts, false facts, and never be able to be gone after for doing so.
I sure hope there is some smart and aggressive law firm that is willing to take this witch on and show that there is accountability for prosecutors who overreach and use their power for political persecution.
Immunity can only go so far, otherwise what is to stop prosecutors from becoming totally above the law?
Angela Cory must be publicly burned at the stake, figuratively. We MUST make an example of this woman, so that OTHER Leftist activist attorneys can tell the mob: “Look what happened to poor Angela, wish I could help you but -—”
She called him a “ Murderer” after he was found not guilty!
This link also includes a syllabus.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=522&page=118
So are you saying she can be prosecuted?
Child Murder Suspect Cristian Fernandez's Case Sparks Outrage
Zimmerman prosecutor under fire (video 4:20)
Zimmerman should sue everyone he can. They edited the tape to make him look Racist. They had witnesses lie about their identity and age and fact s. They had an Attorney interceding on behalf of the Victim who had no authority to do so. where are the charges? Where is Florida’s AG and Gov. ? Same place as they were in the West election case where the Election official was committing fraud but hid in the hospital until the results were verified.
Until these people get hit hard in the pocketbook they will continue to trample “our”rights.
Prior to posting this ruling, FNC reported that Corey signed the affidavit that led to Zimmerman’s arrest and prosecution.
As you know, she was not the advocate in this case. If she did sign the affidavit, she could be held civilly liable. You certainly would not disagree with that, would you.
That said, the FNC report may not be accurate.
Corey didn't have that in the Zimmerman case did she? In addition the Seminole county DA had already passed on indicting Zimmerman.
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