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I've edited the first paragraph for clarity.
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If you've been reading the blog for
long, you know that the first issue brought up in Coy's Habeas Corpus was that his defense lawyer failed to object to the prosecution, and prosecution's witnesses, repeatedly referring to the complainant as 'the victim'
in court. I have been staring at this paperwork for over a year now,
and it just never really jumped out at me until now. This week I
started reading the court's response more carefully, and...Holy shit.
The defense lawyer tried to file a
'motion in limine' to prevent the state and the state's witnesses
from referring to the child as 'victim.' Since it hadn't been proven
that anything had happened to her, it makes sense. 'In limine' means
'at the start', and from what I can find these motions are usually
submitted before the trial, when they were deciding what evidence and
witnesses could be used.
I'm not a lawyer, but it seems
like an oddly specific request. Like, “please don't knee me in the
balls and then infect me with the Ebola virus.” Why would you even
bring it up if there wasn't a good reason to believe it was going to
happen?
This motion was
denied, presumably by the judge. I'm trying to find a copy of the
paperwork, but until then I'm going off what's written in the
response to Coy's Habeas Corpus.
So...What does this look like to me? It
looks like Lewis, a former prosecutor, tried to head off a strategy
that he knew would be employed during the trial; implying to the jury
that there was no question a crime had occurred, and creating a
victim. Once he was told “Sorry, we're not going to prohibit the
home team from breaking the rules”, he was left with a choice.
Object repeatedly whenever the term is used and 'antagonize' the
jury, as the Appeals Court put it, or let it slide unless the breach
was extremely obvious.
On page 13 of the Habeas Corpus, the
Appeals Court said “...merely referencing O.S. as a “victim”
does not undermine confidence in the outcome of the trial...”
But Coy's defense strategy was built
around the idea that nothing actually happened
to the child in question; that there was no crime committed, and
therefore, no victim. A decent strategy, I guess, given the lack of
physical evidence, except that the State, who's case was built on
this child's testimony, undermined it by telling them repeatedly that
she was the victim.
By allowing it, the
court discounted Coy's entire defense. Nothing presented in his favor
mattered because they established at the very beginning that they had
a victim; if you have a victim, someone must have victimized her.
20 comments:
I've been reading this blog since the beginning. I appreciate all your time and effort Incandesio. I really hope one day Los will be FREE. I have a quick question about Los. You know the song "In My Hood" is it really him in the video if it was how did they film him and why didn't he show his face? Iv've always wondered about that.
They didn't show his face cuzz it wasn't him....
Its noot hiim
Happy late B-day Los!! Much love homie!! FREE SPM!!!
Incandesio, the Habeas Corpus gave a perfectly reasonable explanation on why it didn't matter if the girl was referred to as a victim. The jury understood that the State still had to prove it, and Mr. Lewis would object when the word "victim" was used in a harmful way. It didn't matter.
What killed the defense was the fact that they couldn't contradict the victim and her testimony. I would be fascinated to know why Carlos didn't take the stand. I believe it's because he wouldn't be able to explain away everything that the victim said, at least not in a credible way. Mr. Lewis knew that, and so did Carlos.
Hey incandesio can you ask SPM if he has to do full sentencing and get out in 2047 is he still rap and make music?
There is a official In My Hood music video with Los in it
Eric:
The Texas Court of Appeals also once gave a explanation of why it didn't matter if the defendant's lawyer was *sleeping* through the trial. Just because it's an explanation doesn't make it 'perfectly reasonable.'
Although Coy's lawyer should have objected each time it was used, his failure to do so doesn't make it okay. It's extremely prejudicial, especially considering the entire defense was built on the premise that there was no victim.
Anon 10:29:
I don't know for sure, but I doubt it's him.
Anon 7:54:
Hopefully that won't be an issue, but he'll see your comment when I send this post in.
I have a question to spm, which rappers would you like to collaborate with? I would like to hear spm and zro or gt garza. Who do yall think he should rap with?
Haystak, 8ball, berner & e40 spm well u please klab wid them ?
spm just posted a new post on his facebook page yall check it out
If Chip objected to it each time, he would have been overruled each time. This would have hurt the defense even more because it would have made them look desperate and stupid. That's why Chip wanted to limit his objections to shit that actually mattered.
If Chip had objected it's very unlikely he would have been overruled, as the prosecuter was 'assuming facts not in evidence', which is a very proper reason for objecting.
Even if overruled, it would have preserved the issue for appeal. Since it was not preserved, Coy was not able to use it in his appeal, and could only use the lawyer's failure to object as evidence of incompetent counsel, something with a much tighter definiton, which is notoriously hard to prove.
INCANDESIO THIS IS VERY IMPORTANT LUCKY LUCIANO JUST POSTED SOMETHING VERY IMPORTANT NOT SURE IF ITS HIS REAL PROFILE BUT ITS WORTH CHECKING IT OUT HE POSTED SAYING SPM IS COMING HOME IN 4 MONTHES LINK IS AT THE BOTTOM
https://m.facebook.com/?refsrc=http%3A%2F%2Fwww.facebook.com%2F&_rdr
Anon 7:40
Thanks for the link; I'm not going to spread it around unless I see proof, but I'll keep my eyes open. Good looking out.
I think both of dem GT nd Zro dey kill da beats matter in fact dey murder dem
i just hope its not a fake account and its actually real
Lucky Luciano answered it on Twitter; it's a fake page.
yeah i saw it :( wats up with this people creating fake pages and posting fake info
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