Congratulate me
I wrote my first REAL appeals court brief and filed it today, 1 March 2006 at 11 am at the courthouse.
probably will lose - but what the heck..... it's a good "practice" one as nobody's life or liberty is on the line... The case is only a traffic stop - from my older son - but the state destroyed the videotape evidence AFTER the court had ordered it preserved for trial....
the prosecutor just ticked me off bad enough I decided to have a go at them in the appeals court.... (since it doesn't cost me anything - made son pay the appeal filing fee).
But - since she (yes a SHE prosecutor) and the state police had already been kind of called on the carpet, by our district court, for this exact SAME thing last year - I am kind of hoping the appeals court will slap their hands for it "bad cop" "bad prosecutor" and find that the case should have been dismissed because of their bad behavior (14th Amendment Due Process violation for denying the defendant access to evidence).
LOL
It is a dicey call -- top of the fence issue to call - if I lose - I lose - but it was a good case to sharpen those rust research and writing skills -- that I haven't used since law school. (spent two and a half days polishing the damn thing so it fit on 25 pages !)
will let you all know if I win.... it would be actually a "precedent" setting case if I do... and a hoot if I would win my very first appeal! Cheryl