B
BADRAP
Guest
COULD SOMEONE PLEASE DEFINE "MANIFEST INJUSTICE" THANX IAAL OR ANYONE
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I AM ALWAYS LIABLE
Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BADRAP:
COULD SOMEONE PLEASE DEFINE "MANIFEST INJUSTICE" THANX IAAL OR ANYONE<HR></BLOCKQUOTE>
My response:
The phrase, Manifest Injustice, has been defined in many ways, by many courts over the years. The only real way to define it is by way of example:
1. When a convicted, and imprisoned, felon is found to be innocent, it would be a "manifest injustice" to keep such person imprisoned in the face of such innocence.
2. When a criminal defendant pleads guilty, and later through compelling evidence tending to show innocense, it would be a manifest injustice to not allow a withdrawal of the guilty plea to allow trial, and to have such exculpatory evidence of innocense admitted at time of trial.
Hope this helps.
IAAL
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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
[This message has been edited by I AM ALWAYS LIABLE (edited May 24, 2000).]
COULD SOMEONE PLEASE DEFINE "MANIFEST INJUSTICE" THANX IAAL OR ANYONE<HR></BLOCKQUOTE>
My response:
The phrase, Manifest Injustice, has been defined in many ways, by many courts over the years. The only real way to define it is by way of example:
1. When a convicted, and imprisoned, felon is found to be innocent, it would be a "manifest injustice" to keep such person imprisoned in the face of such innocence.
2. When a criminal defendant pleads guilty, and later through compelling evidence tending to show innocense, it would be a manifest injustice to not allow a withdrawal of the guilty plea to allow trial, and to have such exculpatory evidence of innocense admitted at time of trial.
Hope this helps.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
[This message has been edited by I AM ALWAYS LIABLE (edited May 24, 2000).]
T
Tracey
Guest
Manifest injustice means 'We're so embarrassed by this situation/what happened that we're just going to let you out of jail/give you a new trial so that Amnesty International doesn't start a letter-writing campaign against us and the legislature doesn't cut our budget to punish us.' 
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited May 24, 2000).]
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited May 24, 2000).]
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BADRAP
Guest
THANK YOU IAAL IVE SPENT ALOT OF TIME LOOKING UP THE TERM MYSELF BUT IT DIDN'T EVER SEEM TO FIT IN MY CASE, NOW IT DOES. TO BAD I DIDN'T HAVE YOU AS MY ATTORNEY.
I NEED TO FIND A LEGAL REASON TO WITHDRAW MY GUILTY PLEA BECAUSE MY NEW "COURT APPOINTED" LAWYER WONT DO IT FOR ME...AGAIN THANX IAAL
OH YEAH & IM IN CALIFORNIA.
I NEED TO FIND A LEGAL REASON TO WITHDRAW MY GUILTY PLEA BECAUSE MY NEW "COURT APPOINTED" LAWYER WONT DO IT FOR ME...AGAIN THANX IAAL
OH YEAH & IM IN CALIFORNIA.
B
BADRAP
Guest
THANX TRACEY ARE YOU AN ATTORNEY IN CALIFORNIA? I COULD USE A GOOD ONE. LOL
I AM ALWAYS LIABLE
Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BADRAP:
THANK YOU IAAL IVE SPENT ALOT OF TIME LOOKING UP THE TERM MYSELF BUT IT DIDN'T EVER SEEM TO FIT IN MY CASE, NOW IT DOES. TO BAD I DIDN'T HAVE YOU AS MY ATTORNEY.
I NEED TO FIND A LEGAL REASON TO WITHDRAW MY GUILTY PLEA BECAUSE MY NEW "COURT APPOINTED" LAWYER WONT DO IT FOR ME...AGAIN THANX IAAL
OH YEAH & IM IN CALIFORNIA.<HR></BLOCKQUOTE>
My response:
Dear BadRap:
I'm in California also; however, I think it would be unethical for me, or any attorney on these boards, to accept employment as a result of being a contributor. It's a little like shooting fish in a wading pool.
Sure, we would all love to take on some of these issues and have some of these good people as clients; but, unless they call my offices out of sheer good fortune and name of my practice, I am not here to "ambulance chase."
This is why we don't give out our phone numbers or any other identifiers that would allow writers to contact us, because that would, in my opinion, garner an "unfair advantage" over other attorneys trying to make a living.
I hope you understand.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
THANK YOU IAAL IVE SPENT ALOT OF TIME LOOKING UP THE TERM MYSELF BUT IT DIDN'T EVER SEEM TO FIT IN MY CASE, NOW IT DOES. TO BAD I DIDN'T HAVE YOU AS MY ATTORNEY.
I NEED TO FIND A LEGAL REASON TO WITHDRAW MY GUILTY PLEA BECAUSE MY NEW "COURT APPOINTED" LAWYER WONT DO IT FOR ME...AGAIN THANX IAAL
OH YEAH & IM IN CALIFORNIA.<HR></BLOCKQUOTE>
My response:
Dear BadRap:
I'm in California also; however, I think it would be unethical for me, or any attorney on these boards, to accept employment as a result of being a contributor. It's a little like shooting fish in a wading pool.
Sure, we would all love to take on some of these issues and have some of these good people as clients; but, unless they call my offices out of sheer good fortune and name of my practice, I am not here to "ambulance chase."
This is why we don't give out our phone numbers or any other identifiers that would allow writers to contact us, because that would, in my opinion, garner an "unfair advantage" over other attorneys trying to make a living.
I hope you understand.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
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BADRAP
Guest
SEE YOUR RESPONCE ILLISTRATES MY POINT EXACTLY. YOU ARE REALY A GOOD PERSON WITH ETHICS THAT YOU ACTUALY FOLLOW. I UNDERSTAND WHAT YOU ARE SAYING THOUGH I JUST WISH I COULD RUN ACCROSS A LAWYER LIKE YOURSELF THAT COULD HELP ME. OH WELL IVE GOT TO KEEP TRYING.LOL
PS. MY RESPONSE TO TRACEY WAS 1/2 WAY A JOKE, I DIDNT EXPECT ANYTHING FROM IT JUST THANKING HER FOR HER TIME. SORRY ABOUT THAT. JUST STRESSING OUT A BIT.
PS. MY RESPONSE TO TRACEY WAS 1/2 WAY A JOKE, I DIDNT EXPECT ANYTHING FROM IT JUST THANKING HER FOR HER TIME. SORRY ABOUT THAT. JUST STRESSING OUT A BIT.
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lawrat
Guest
just gotta make a comment! love all of your responses! but if i remember, manifest injustice also deals with the degree of mistake. If the prosecution and/or judge (who is supposed to be unbiased mind you) make such a big "whoops" that it would indeed affect the individual's trial outcome (from guilty to innocent), then it would be manifest injustice not to grant a new trial.
But are we all forgetting one thing? Defendant couldn't care less if manifest injustice is for the prosecution! i.e. defendant found not guilty on prosecution's
"whoops". I can think of one main example "the glove". Hint hint!
But are we all forgetting one thing? Defendant couldn't care less if manifest injustice is for the prosecution! i.e. defendant found not guilty on prosecution's
"whoops". I can think of one main example "the glove". Hint hint!
I AM ALWAYS LIABLE
Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
just gotta make a comment! love all of your responses! but if i remember, manifest injustice also deals with the degree of mistake. If the prosecution and/or judge (who is supposed to be unbiased mind you) make such a big "whoops" that it would indeed affect the individual's trial outcome (from guilty to innocent), then it would be manifest injustice not to grant a new trial.
But are we all forgetting one thing? Defendant couldn't care less if manifest injustice is for the prosecution! i.e. defendant found not guilty on prosecution's
"whoops". I can think of one main example "the glove". Hint hint! <HR></BLOCKQUOTE>
My response:
Yes, I agree, lawrat. Can't think of everything . . . and, there's even more than what has been written here.
Good to see you're around, even if lawguy doesn't think so.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
just gotta make a comment! love all of your responses! but if i remember, manifest injustice also deals with the degree of mistake. If the prosecution and/or judge (who is supposed to be unbiased mind you) make such a big "whoops" that it would indeed affect the individual's trial outcome (from guilty to innocent), then it would be manifest injustice not to grant a new trial.
But are we all forgetting one thing? Defendant couldn't care less if manifest injustice is for the prosecution! i.e. defendant found not guilty on prosecution's
"whoops". I can think of one main example "the glove". Hint hint! <HR></BLOCKQUOTE>
My response:
Yes, I agree, lawrat. Can't think of everything . . . and, there's even more than what has been written here.
Good to see you're around, even if lawguy doesn't think so.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
B
BADRAP
Guest
THANX LAWRAT (DID YOU PASS THE BAR TESTS?)"S"
L
lawrat
Guest
not yet -- still waiting
justiceone
Junior Member
Manifest Injustice can also be in a civil case. All I've seen are criminal case examples. Does anyone one have a civil case example?
Proserpina
Senior Member
Oh dear sweet Buddha on a pogo stick....this thread is TEN YEARS OLD!
PLEASE don't necropost like this. If you have a legal question start your own thread.
OMG Doggie, you've given me the best chuckle of the day!!!