MB Civil Trial: JK/KK Contempt of Court?

[Knights_Mom]

@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?

LK was banned too but you didn’t say squat when her numerous posts were posted. Why?

[Knights_Mom]

@CurrentlyHorseless

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

No. I believe you tried to scapegoat and divert from the point that Taylor was corrected by the Appellate Court due to a failure to properly follow the law.

I’m done with this ridiculousness.

[CurrentlyHorseless]

@eggbutt

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

To the contrary, I do object to Sdel and others reposting LKs posts from other platforms in order to attack her.

However, it is entirely up to the moderators as to whether reposting here the posts of banned posters is acceptable.

Your vow to decline to respond to me has lasted about as long as it usually does, Eggbutt.

[BatCoach]

Isn’t it funny the things that get flagged? I posted a simple (I thought cute) “Don’t Feed the Trolls” with a lil troll doll pic. Apparently someone self-identified as a troll and felt triggered and flagged it.

¯_(ツ)_/¯

[CurrentlyHorseless]

@Knights_Mom

@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?

LK was banned too but you didn’t say squat when her numerous posts were posted. Why?

Oh, I think I did.

I said that given she was banned, her posts should remain on the other platforms and not be reposted here.

But it’s entirely up to the mods.

[BatCoach]

@CurrentlyHorseless

To the contrary, I do object to Sdel and others reposting LKs posts from other platforms in order to attack her.

you mean showing evidence?

[MHM]

Ugh.

Again, could people please try not to get dragged into attempts to bog down/shut down the thread?

[Davignport]

Why is it wheneve a certain poster joins the conversation, this thread gets longer and longer and longer?

[Sdel]

@BatCoach

you mean showing evidence?

Getting to the heart of the issue. Good job.

[omare]

But you still save it for appeal (even if a judge wont consider it.0

[eggbutt]

Um, have I responded to a specific poster who now has veered off to banned posters and what the mods should or shouldn’t do?

[Knights_Mom]

Fossil.

[CurrentlyHorseless]

@Knights_Mom

@CurrentlyHorseless

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

No. I believe you tried to scapegoat and divert from the point that Taylor was corrected by the Appellate Court due to a failure to properly follow the law.

I’m done with this ridiculousness.

The conviction of Virginia Vertetis, a Bilinkas client, was overturned on appeal when the appeals court ruled that Taylor was incorrect in instructing the jury that Vertitas had a duty to retreat.

But the appeal was not brought by Bilinkas. It was brought by a public defender.

Judges have to interpret the law as it applies in each circumstance. The appeals court ruled that Taylor had interpreted the Castle Doctrine incorrectly.

[CurrentlyHorseless]

@omare

But you still save it for appeal (even if a judge wont consider it.0

Exactly. Why wasn’t it Bilinkas who filed the appeal?

[eggbutt]

[Knights_Mom]

Repetitive statements are just repetitive statements.

[trubandloki]

@Warmblood1

You’re over reaching.

This is pretty darn typical of some people.

[CurrentlyHorseless]

@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.

I agree, it’s possible she used a public defender because she didn’t want to continue to pay Bilinkas.

It’s also possible that Bilinkas was not in a position to file an appeal if the incorrect jury had been previewed for him (as they were in the Barisone case), and he hadn’t objected to it then.

In either case, he was not the defense lawyer who won the appeal for Vertetis.

[Knights_Mom]

It was the same judge in both cases who was found to have improperly applied law.

It is a big thing. That’s why verdicts are tossed out.

Jury instructions are written instructions from a judge and given to the jurors for jury deliberation, which occurs after both sides present evidence and make closing arguments at the end of a trial. These instructions are meant to guide the jury on basic deliberation procedure and provide the substance of the law on which to apply to the facts of the case and make their verdict.

Jury instructions are important to educate jurors on their role, the issues surrounding the case, how each party should conduct themselves during the trial, and the law that applies to the case. They must clearly and concisely explain what is being asked of the jury.

Furthermore, jury instructions serve as the law of the case. Lawyers generally consult jury instructions prior to filing complaints by performing research on the current state of law to make sure that the standard instructions adequately reflect it, as well as informing jurors how to apply these instructions to the evidence presented.

If a judge gives the jury the wrong legal standards to apply or otherwise improper instructions, they may find a defendant guilty when they should have reached a different verdict. If the judge in your case gave the jury incomplete or incorrect instructions, you may appeal your conviction and seek a new trial.

A new trial will be ordered if:

• The court had a duty to provide correct jury instructions;
• There was supporting evidence of the proper jury instructions; and
• Incomplete or incorrect jury instructions impacted the result of the trial.

The panel of appellate judges will review the jury instructions for error on appeal. The appellate court will determine which instructions were requested and ultimately given, if the given instructions match the written instructions, and what objections were made.

[CurrentlyHorseless]

@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

This was not a federal case.

Is there any evidence that Taylor has had criminal cases overturned on appeal more often than other New Jersey judges?