MB Civil Trial: JK/KK Contempt of Court?

[eggbutt]

I’m curious. When did the topic of this thread change to the Bilinkas-Taylor-Vertitis trial/appeal?

Getting it back on track, Judge Stephen Taylor was rude and biased in his comments toward Michael Barisone at the very poorly handled Krol Hearing.

[Knights_Mom]

@CurrentlyHorseless

@eggbutt

Vertetis was convicted of murder in April 2017 for gunning down retired New York City police officer Patrick Gilhuley, but in 2020 an appeals court found a problem with a jury instruction and awarded her a new trial.

Can anyone explain to me how it was Bilinkas “fault” the appeal was based on faulty JURY INSTRUCTIONS? Again, alway trying to twist FACTS.

Did you remember the hearing in the Barisone trial in which Taylor consulted with Bilinkas and Schellhorn and previewed his intended jury instructions? If that’s the procedure, in the Vertetis case Taylor would have previewed his jury instructions, including his instruction that Vertetis had a duty to retreat despite being in her own home in front of Bilinkas.

The trial transcript would indicate whether Bilinkas objected to that instruction as incorrect.

Why do you think it was a public defender who brought the appeal? Bilinkas could hardly challenge the jury instruction on appeal if he had stood there while the judge previewed the instructions and Bilinkas raised no objection.

The point remains TAYLORS JURY INSTRUCTIONS WERE WRONG.

That means a long time judge was unable, after all his education, after all his time on the bench, to follow proper legal procedure and correctly charge the jury.

An Appeal doesn’t retry a case. An Appeal is an application for a higher court to examine the facts of the case in order to determine if the law was properly followed. It was not.

So do know I noticed your attempt to scapegoat EB instead of the faulty, biased small judge.

If Taylor didn’t follow proper procedure once, he probably didn’t again.

[eggbutt]

Joey does tell it like it is doesn’t she?!

[Sdel]

Yep.

[CurrentlyHorseless]

@Maria

Mehhhhhhhhh, judges are supposed to be impartial. They “should” want the correct outcome. No one is perfect all the time. Everyone makes mistakes. If he can’t stand the heat he needs to get out of the kitchen. Appeals happen. You win some you lose some. Get over it. EB won that one. Taylor needs to get over the sour grapes.

How many more little stupid sayings can I come up with?

EB did not win the appeal. The successful appeal was brought by James K Smith, Jr, from the public defenders office.

But I agree that all judges have convictions overturned on the basis of some ruling when an appeals court rules otherwise. It’s what appeals courts are there to do.

[Warmblood1]

@CurrentlyHorseless

@Knights_Mom

@CurrentlyHorseless

Your position on Taylor remains unchanged?

What about your position on Bilinkas? The successful appeal was filed by a different lawyer, a public defender, bringing up an issue Bilinkas failed to bring up in the original trial.

Yes.

Unchanged. Maybe EB did bring it up and Taylor displayed the same partial behavior we all have just seen.

But if Bilinkas challenged the jury instruction it was previewed for him, why wasn’t he the one to bring the appeal?

The appeal was brought by a public defender.

Why do most people pursue a public defender? Because they do not have the financial means to hire a different attorney. You’re over reaching.

[eggbutt]

My GAWD! It can’t stop arguing about random ideas, can it?

Maybe Michael will finally be moved today!

[MHM]

@eggbutt

My GAWD! It can’t stop arguing about random ideas, can it?

Maybe Michael will finally be moved today!

Has there been any indication that the move could happen soon? They’ve certainly dragged out the process at every turn.

[BatCoach]

@CurrentlyHorseless

Convictions get overturned on appeal all the time. That’s kinds what the appeals courts are for.

“all the time” seems pretty generous. THese percentages seem pretty low to me:

The most recent comprehensive data on the success of federal appeals comes from 2015. During that year, more than 50,000 appeals were filed across the full range of federal sector cases, including criminal matters, civil matters, and administrative matters. The rate of success varied significantly from case to case. As reported by the United States Courts, the percentage of lower court decisions that were overturned on appeal were as follows:

• Criminal Appeals: 6.9%

• Private Civil Appeals: 14.2%

• Bankruptcy Appeals: 24.4%

• Administrative Appeals: 7.8%

Source

[CurrentlyHorseless]

@eggbutt

I’m curious. When did the topic of this thread change to the Bilinkas-Taylor-Vertitis trial/appeal?

Getting it back on track, Judge Stephen Taylor was rude and biased in his comments toward Michael Barisone at the very poorly handled Krol Hearing.

Someone (not me!) said that Taylor’s supposed bias toward MB arose because “EB won the appeal” on the Vertetis case.

I see no reason to believe that Taylor is anything but professional and impartial. I see no reason to believe he
permits a case of his being overturned to affect his impartiality.

[eggbutt]

Not that I am aware. It is absolutely ridiculous.

[chancellor2]

By “better manage a business” I guess I mean, legally removing the offending people BEFORE they drive you to the point of insanity.
So, say he learns better methods to control anxiety etc and can actively see that a person is driving him to distraction.
That is all I mean.
I mean, let’s face it, we’ve all heard stories of bad bad boarders and that people successfully evict them.
I am in no way saying he didn’t have a successful business before.
How about rephrasing and saying “he can better manage a business without his mental health being abused”

[Maria]

Clients don’t always retain the same attorney(s) for the same case for a variety of reasons. If EB heard the first case, the client I am sure had reasons for retaining, another attorney for the appeal. Even a public defender.

The PD would then ask for the case file from EB, therefore they would talk. EB I bet mentioned his thoughts on the right to appeal and why. EB I bet was involved.

[CurrentlyHorseless]

@Sdel

Is Joey Stagaard the banned poster @GirlJoey?

She was banned from posting on COTH, but you can post screenshots of her posts here?

[Sdel]

@CurrentlyHorseless

She was banned from posting on COTH, but you can post screenshots of her posts here?

Your point? La-La was also banned. Mods didn’t seem to have a problem with screenshots of her YT comments being posted.

[Maria]

No different from posting screenshots of LK’s and RG’s posts.

[eggbutt]

Why not? Lauren Kanarek is also banned but her posts don’t seem to bother you!

[eggbutt]

Wow! Three of us jumped on that bug quickly!

[Maria]

LOLOLOLOLOLOLOL

Mind meld/melt, great minds

[CurrentlyHorseless]

@Knights_Mom

@CurrentlyHorseless

@eggbutt

Vertetis was convicted of murder in April 2017 for gunning down retired New York City police officer Patrick Gilhuley, but in 2020 an appeals court found a problem with a jury instruction and awarded her a new trial.

Can anyone explain to me how it was Bilinkas “fault” the appeal was based on faulty JURY INSTRUCTIONS? Again, alway trying to twist FACTS.

Did you remember the hearing in the Barisone trial in which Taylor consulted with Bilinkas and Schellhorn and previewed his intended jury instructions? If that’s the procedure, in the Vertetis case Taylor would have previewed his jury instructions, including his instruction that Vertetis had a duty to retreat despite being in her own home in front of Bilinkas.

The trial transcript would indicate whether Bilinkas objected to that instruction as incorrect.

Why do you think it was a public defender who brought the appeal? Bilinkas could hardly challenge the jury instruction on appeal if he had stood there while the judge previewed the instructions and Bilinkas raised no objection.

The point remains TAYLORS JURY INSTRUCTIONS WERE WRONG.

That means a long time judge was unable, after all his education, after all his time on the bench, to follow proper legal procedure and correctly charge the jury.

An Appeal doesn’t retry a case. An Appeal is an application for a higher court to examine the facts of the case in order to determine if the law was properly followed. It was not.

So do know I noticed your attempt to scapegoat EB instead of the faulty, biased small judge.

If Taylor didn’t follow proper procedure once, he probably didn’t again.

I corrected your statement that it was EB who won the appeal on Veretis’s conviction for murder. It was a public defender who won the appeal.

I then speculated that EB may have had the opportunity to challenge the incorrect jury instruction at the original trial, and didn’t, which would explain why the appeal needed to be brought by a different lawyer. But that was just inference on my part.