Posted on 06/19/2007 9:35:57 AM PDT by Sleeping Freeper
DURHAM, N.C. (AP) -- A judge suspended District Attorney Mike Nifong today after learning the prosecutor disbarred for his handling of the Duke lacrosse rape case intended to stay in office for another month.
Superior Court Judge Orlando Hudson wrote in his order that Nifong's actions has brought his office into disrepute.
State lawmakers are scheduled to take up a bill later today that would allow Governor Easley to immediately remove Nifong from office.
Nifong said in a letter released yesterday that he would leave office on July 13th.
His legal assistant, Candy Clark, says Nifong wasn't in the office today. The one case he was currently handling was being reassigned.
Sheriff Worth Hill says he went to Nifong's house and took the keys and badge that gave him access to his office.
If he had run an honest election, Freda would have beaten him and he would have been out. This was a calculated (very calculated) risk and he’s going to make it by the skin of his teeth.
You mean the LAX 3 will become wealthier men. Nifong wont be keeping any of his ill begotten booty.
Pensions cannot be attached in the hands of the payor. But once the funds are transferred to the payee (Nifong) or his bank, they are fair game and can be attached. This, of course, strings out the process.
ping for later
With OJ's little scam fresh in mind, it's unlikely that Nifong will keep one penny, and he'll also lose the copyright to his own book.
I have to wonder how many others are railroaded by the justice system and never vindicated. These boys are lucky their case was high profile (allowed them to get good lawyers), though admittedly that’s part of the reason Nifong went after them so hard in the first place.
Buy Coach Pressler's book, It's Not About the Truth, instead. Give the money to someone who was hurt by Nifong.
Anybody know anything about plans to prosecute the stripper who brought the false charges?
The judge could remove, I believe, because he has been disbarred. Most DAs have to be practicing attornies.
Are you really saying that it is not a crime to frame an innocent man for a crime he did not commit?
One of the charges the panel said he was guilty of was to use deceit and fraud in his prosecution. That isn’t a crime???
There can be no crime unless and until there is a charge, either and indictment of a prosecutorial information (a discretionary charge), followed by a trial or plea to a crime and the adjudication of guilt and the affirmation of such by an appellate court. That’s is how our criminal justice system, and that of all civilized western, common law countries operates. Sure there’s evidence that a prosecutor could assemble to make out a criminal offense. But unless and unless that’s done there’s-no-there,-there.
Hey, I thought lawyers are unremittingly hated by everyone but me and Clarity on FR. Now there seems to an ironic phrase here for some of us.
Nope. The proceeds of a fund of money that is immune from attachment at the initial point along its line of receipt is free from attachment at all points. Eg: the proceeds from the sale of a home that was homestead does not lose its protected status of being free from execution in those states, like Florida, where a person’ homestead is immune. The fund of money merely substitutes for the property.
Until such time as the funds are commingled, which would involve both quesions of fact and law. In any event, at this point the judgment debtor would have both the burden of going forward as well as the burden of persuasion.
So long as the immune amount is definitive or, in legal terms, liquidated, its protected characteristic remains even though, money being fungible, it is intermixed with non-immune funds. Again, the homestead amount in cash rather than property. The protected fund can even be dissipated and be treated as an immune credit if new cash replaces it.
The governor exacted a promise from him for the interim appointment that he wouldn’t run in the general election. He deceived the governor who could nothing about it. Revenge is much sweeter cold....Now the governor can take solace in the self-governing bar cleaning its own house and the judicial system crushing the lout and tyrant.
Nifong was his hand-picked boy. Easley is still a Democrat scumbag leading the most corrupt state in the SE.
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