FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018. By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
I'm not contending that the judge didn't find me guilty, he did, but in an erroneous manner. Unless you're advising me that guilty findings instead of denials in a motion for judgment of Acquittal is a regular occurrence in your courtrooms.
The inquiry, in other words, is not whether, in a...
The most an appellate court can conclude is that a jury would surely have found petitioner guilty beyond a reasonable doubt—not that the jury’s actual finding of guilty beyond a reasonable doubt would surely not have been different absent the constitutional error. That is not enough. See Yates...
Thats exactly what i am explaining.!!! It is a hypothetical guilty verdict as it never occurred in the way that due process requires for a guilty finding.
Why do you focus on the charge as opposed as to what transpired? Does one's charge dictate whether due process should be followed or not? (...
As I said, the Court found me guilty while the Court was assessing a Motion for Judgment of Acquittal, so they had to view all of the evidence presented by the government favorable to the government, my defense did not have to legally present any arguments in a motion for judgment of acquittal...
I am waiting on the Governments response, interesting enough I would think whatever response they give they will put their foot in their mouth. Regardless, I sent a reply motion for their non response be construed as a non opposition to my motion per local rules.
Why do you think those are...
The Feds do not have a State Bar for failing to represent properly.
The entire case was around this WhatsApp chat. The trial lasted 3 hours and they talked about the WhatsApp chat for 3 hours The Judge found me guilty in the midst of a motion for judgment of Acquittal ( I brought this up to...
I never said I did not have an attorney at trial, sentencing or appeal. I filed a Pro Se motion for a new trial based on the phone device not matching up with the WhatsApp chats.
Something that any reasonable attorney should have questioned. But I had 3 paid attorneys at every stage and they...
Wow thank you. I did have an attorney, I explained the dicrpencies and he should call a WhatsApp expert, I explained that it was a web chat and it is not the same as a cellphone text. Meaning that anyone could impersonate or spoof a phone number.
The attorney said he didn't understand what I...
I'm not sure how you determine rudeness from reading a question. There is no tone. It would seem like an implicit bias you may have in reading a simple question.
So I'm a troll because you don't understand how a webchat works. G
You assume I'm a troll because you cannot understand the workings of a webchat. Genius!
No sweat off my back, it just shows your ignorance when it comes to these type of events in real life.
I'm not going this subs
Your the one who who mentioned the substantial evidence standard, which was irrelevant. Explain how my identity is relevant to whether a court can admit a WhatsApp chat that does not belong to the only phone device in evidence?
You can try to run around the question by...
So a WhatsApp chat from a phone number that does not belong to the submitted device does not seem acceptable to you? This a far cry from not liking the outcome.
Substantial evidence is incorrect? That is the best laugh and piece of advice I ever ever heard.
The federal due process standard for sufficiency is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential...
Once again, the meaningless and unnecessary interrogation into irrelevant matters.The the name of the forum is not weinterrogate.com, since the only advice you have is to seek legal advice by an attorney. By all means just tell me you have no idea on how to proceed and will be referring you to...
Thabk you for chiming in, I can definitely see where if someone is the defendant or not comes into play. Also, whether one is convicted or not, changes the outcome or relief sought.
Why would you think quotes from relevant messages not belonging to the phone in evidence has any relevance? The...
I just wanted advice on how the judicial system would right that sort of a wrong. But I see there's none in place, at least according to the above advice.
I wanted to know how it meets the Federal Rules of Evidence 901. How is a phone device with a different phone number than the testified WhatsApp chat be accepted as evidence for such.
I suppose the judge was bamboozled himself, as the phone number for the device was only disclosed in the...
That's assuming the defendant has an attorney. Defendant has ever been ale to afford an attorney and proceeded pro Se, more than likely what made such devious practice easy to proceed with.
Are these procedures common in criminal trials per your experience?
Case Overview: The Federal criminal bench trial involved a defendant who was charged with crimes related to the use of a cellphone in connection with illicit activities. The prosecution presented evidence, including WhatsApp chat messages and subscriber records for various devices, to establish...
This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
By continuing to use this site, you are consenting to our use of cookies.