Posted on 09/02/2021 10:16:58 AM PDT by marktwain
Can he sue for damages e.g. pain and suffering?
You can file a lawsuit for nearly anything.
However, prosecutors were given near absolute immunity from lawsuit by the Supreme Court in the 70's and 80's.
It is how the Soros paid prosecutors get away with such obvious abuse of power.
I should have clarified better. Can he possibly win a case for pain and suffering/wrongful imprisonment?
Lack of evidence, besides the corpse. Since the defendant rotted in jail for two and a half years, my guess is the jury also understood the hesitancy to call the police. No evidence beyond a reasonable doubt.
Long past time for Kyle of Kenosha’s trial to get rolling, and a similar result occur.
Not likely. If you’re not granted bail, you sit in jail until tried.
However he may be able to do something with the “speedy trial” angle.
Thanks for the explanation.
*** Not likely. If you’re not granted bail, you sit in jail until tried.
However he may be able to do something with the “speedy trial” angle. ***
A friend of mine was murdered by her boyfriend (Texas in the 70’s). His skin was under her nails, He had scratches on his face and arms, pretty much a slam dunk. He was held w/o bail for 90 days. His lawyer got the charges against the boyfriend/murderer dismissed under the swift and speedy trial act, and he walked free.
A liberal criminal defense attorney once told me that, if you read the Constitution properly, there is an absolute right to bail. Nothing about "danger to the community" or "likely to flee." Those exceptions to the "right to bail" were invented by the courts.
Jury selection is scheduled to start on 4 November, 2021.
And state legislatures.
Most courts just make an extremely high bond.
In Kyle Rittenhouse's case, it was two million dollars! (for someone who had strong ties to the community, no criminal record, a plausible claim of self defense, and who had turned himself in a few hours later, after attempting to do so minutes after the incident.
Thanks.
Another right, the right to a swift and speedy trial, abrogated due to coronavirus.
Is there a reason you excerpted this instead of posting the entire article?
My agreement with AmmoLand.
Remember Bernhard Goetz and Kyle Rittenhouse.
Never turn yourself in.
Never confess.
Have you asked JimRob if this is okay with him?
FWIW, by posting excerpts and not the entire article you drive unsuspecting FReepers to the blogger's site so they can mine FReepers for clicks and impressions ad revenue.
-- Jim Robinson
We just had a local murder case resolve into a plea bargain four years after they arrested the killer.
Unless he waived it. Under Illinois law the trial must begin within 120 days of arrest. That's not sufficient time to prepare in many cases so defendants waive their right to a speedy trial in order to give their lawyers more time to prepare. Of course once you waive it then all bets are off and the trial could be years down the road.
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