I am looking for SENIOR JUDGE

[HappyHusband]

I even enrolled into Law classes so that I could understand the LAW without the Bullsh**

Good luck with that.






have you tried the parole board?

 

[mom in jail]

mom in jail

Thanks for the questions. My mom has been before the parole board 4 times so far and they keep telling us to get her case back into court. Keep in mind that the Public Defender was appointed by the Judge that was found bias in her case. As far as another attorney, No, we are going pro-se. She filed a pro-se PCR (post conviction relief) back in 2002 and the PCR has been pending since. (I believe that to be a violation of her right to due process). So once the Public Defender has filed their withdraw, I have a Petition for Sentence Modification ready to be filed. In Indiana, you can not file a pro-se motion if you are represented by counsel. It's not that people are not saying what we want to hear....We are just looking for others opinions.

 

[Ohiogal]

I Never Once Said She Was Guilty. That Is Only Between Her And God. I Am Just Saying That She Has Done Too Much Time For The Crime She Was Convicted Of.

Having her power of attorney does NOT mean you can represent her in court. neither does the fact that you are taking courses towards a degree. You need a LICENSE to practice law.

 

[Ohiogal]

Thanks for the questions. My mom has been before the parole board 4 times so far and they keep telling us to get her case back into court. Keep in mind that the Public Defender was appointed by the Judge that was found bias in her case. As far as another attorney, No, we are going pro-se. She filed a pro-se PCR (post conviction relief) back in 2002 and the PCR has been pending since. (I believe that to be a violation of her right to due process). So once the Public Defender has filed their withdraw, I have a Petition for Sentence Modification ready to be filed. In Indiana, you can not file a pro-se motion if you are represented by counsel. It's not that people are not saying what we want to hear....We are just looking for others opinions.

YOU are NOT doing anything. YOU cannot file for her. YOU cannot represent her. MOM can file pro se. Mom can be in court but if you step in to court and try to represent her you are going to be breaking the law.

 

[mommyof4]

My name is Robin Clouse (drop the Gregory) and my mother has been WRONGFULLY CONVICTED of a crime she may not have committed!

Well, if you can't even definitively say that she did NOT commit the crime, then you cannot make the claim that she was wrongfully convicted.

Not agreeing that the sentence is fair (which it seems to be within sentencing guidelines) is a different issue than wrongful conviction.

Furthermore, you have no standing to do anything legally. You cannot represent her, you cannot argue in court for her. You cannot do anything. Being enrolled in paralegal classes gives you no right to consider yourself a "law student". You don't just "enroll" in law school.

My suggestion is that you help locate a good atty who can review all of this for your mother. I also suggest that you get yourself into therapy to help you learn acceptance of reality. Just to get you started on your path of reality, I'll give you a basic starting point: Your mother is a convicted felon currently serving her legally just sentence.

 

[seniorjudge]

Leave a dozen doughnuts at the front desk, that will get SJ here in no time.

Well, those were the wrong kind of doughnuts so it took me over three minutes to eat them all!

 

[seniorjudge]

Thanks for the questions. My mom has been before the parole board 4 times so far and they keep telling us to get her case back into court. Keep in mind that the Public Defender was appointed by the Judge that was found bias in her case. As far as another attorney, No, we are going pro-se. She filed a pro-se PCR (post conviction relief) back in 2002 and the PCR has been pending since. (I believe that to be a violation of her right to due process). So once the Public Defender has filed their withdraw, I have a Petition for Sentence Modification ready to be filed. In Indiana, you can not file a pro-se motion if you are represented by counsel. It's not that people are not saying what we want to hear....We are just looking for others opinions.

Okay, forget all that: Tell me plainly, clearly, simply why ma was wrongfully convicted.

In other words, tell me WHY she did not commit this crime.

(I don't want to know ANYTHING that happened after the crime, hear!?)

 

[ezmarelda]

Wow...go to bed early one night and miss out on all the fun!

 

[mom in jail]

Looking for Senior Judge

You want to know WHY my Mother did not commit this crime.
Because she and my step-father were reconciling and the co-defendant must have believed that taking him out of the picture would have given him the chance to be with her. There was a separation paper filed, but my step-father withdrew this motion or pleading (whatever separation papers are called) and this sent her co-defendant over the edge. I knew the co-defendant was in love with my Mother. I also knew my Mother did not have those same feelings. The co-defendant had also made prior attempts to OUT my step-father by placing a pipe-bomb under his vehicle, that wasn't properly done because it just made a loud BANG. And yes I was living with her and my step-father at the time. All the time, her co-defendant lived next door.

As far as the one who said I needed therapy....The State of Indiana provided that. They had me live 22 years in this world without a Mother to guide me.

 

[seniorjudge]

Thank you.

Now...tell me why the government thinks your ma is guilty.

In other words, tell me WHY she DID commit this crime.

(I don't want to know ANYTHING that happened after the crime, hear!?)


Humor me...okay?

I am listening to you, but I need to know a bunch of stuff.

 

[mom in jail]

Senior Judge

The State says she commited the crime because a "jail-informant" said she confessed. That was affirmed by Cheif Justice Randall Shepard, with Justice DeBruler, Pivarnik, and Dickson concurring. This is located in North Eastern Reporter, 2d Series Volume 533, page 1240.

 

[Just Blue]

The State says she commited the crime because a "jail-informant" said she confessed. That was affirmed by Cheif Justice Randall Shepard, with Justice DeBruler, Pivarnik, and Dickson concurring. This is located in North Eastern Reporter, 2d Series Volume 533, page 1240.

What was the motive?

 

[seniorjudge]

We next decide whether a jury charge on aggravated assault was warranted in this case. In State v. Deem (1988), 40 Ohio St.3d 205, 533 N.E.2d 294, we held that "aggravated assault" was an offense of an inferior degree of felonious assault because its elements were identical to felonious assault except for the additional mitigating element of provocation. Thus, we stated, "in a trial for felonious assault, where the defendant presents sufficient evidence of serious provocation, an instruction on aggravated assault must be given to the jury." Id., paragraph four of the syllabus. Furthermore, "[p]rovocation, to be serious, must be reasonably sufficient to bring on extreme stress and the provocation must be reasonably sufficient to incite or to arouse the defendant into using deadly force. In determining whether the provocation was reasonably sufficient to incite the defendant into using deadly force, the court must consider the emotional and mental state of the defendant and the conditions and circumstances that surrounded him at the time." Deem , at paragraph five of the syllabus. In that case, we found that a historically stormy relationship and the bumping of the offender’s car by the victim’s car were insufficient, as a matter of law, to incite the offender into using deadly force. Deem, 40 Ohio St.3d at 211, 533 N.E.2d at 300. Since there was insufficient evidence of provocation, we held that "even though aggravated assault is an offense of an inferior degree to the indicted crime [of felonious assault], an instruction thereon was not supported by the evidence presented in this case, and was properly refused." Id.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=oh&vol=962250&invol=1

 

[seniorjudge]

There was insufficient evidence in your ma's case for provocation (according to the court).

So what you are saying -- correct me if I am wrong -- is that ma did what she was accused of doing, but there wasn't enough evidence of provocation, meaning she was not allowed to use the defense of self-defense.

Is that a fair statement?

 

[mom in jail]

Senior Judge

Self defense was never an issue. I am saying that she did not commit this crime according to the lame evidence that was presented. Is that what you are asking?