Retrial

Peace be with you

Everyone is curious to know what happens now that I won my appeal. I don’t know, this is just as new to me as it is to you.

I heard about it when I was witnessing an illegal sleeping hearing of a local houseless sister, which is what I should be writing about. A lawyer who was at the three judge appeals panel, said that I won. My lawyer, the one appointed to file my appeal, wrote me, “the 3 judge panel (Cissna, Wilson, and Hinrichs) granted the appeal on all 3 bases that we raised. He says that they were pretty emphatic.”

The three bases for my appeal are that “[t]he court committed instructional errors.” 1. “The court the combined 4 theories of guilt, one of which was untenable, and it cannot be determined upon which theory the jury convicted;” 2. The court’s instruction on the duties of a peace officer erroneously limited the jury’s fact-finding duty.” 3. The court allowed evidence of prior acts for an inappropriate reason and then gave an inappropriate instruction on the evidence.”

My appeals lawyer says I had many other reasons for appeal, but I didn’t object strongly enough during trial. In his motion my lawyer wrote “[a]ppellant in not an attorney; he represented himself at trial. A lot of evidence that was objectionable came in without objection (and as such is not appealable). However . . .” I can’t tell you how nervous one gets being alone in a room full of people looking to fuck you. Maybe next time I can get the court to agree that when I yell out, “fuck-you, you fucking fuck!” that I really mean, “objection your honor” (not that I would call a judge that).

I was being railroaded! The first thing one of the witnesses said to me then next time we met after the incident was, “that looked like a set up.” It looked that way to me too. Jimmy Smith leaning over the dias giving instructions to Philip Crandall, Crandall motioning at me wildly when I turn to return to my seat, the bailiffs of the court upstairs rushing in mass following Crandall’s gestures, the out of town, gunslinger judge, the sessions to fabricate evidence, and now a clear violation of my rights at trial, all tend to make me think I wouldn’t be quite so paranoid if they weren’t out to get me.

I don’t know anything else besides this. I haven’t gotten any paper”work” yet, nor do I even know when my next court date is. I want to thank everyone who helped me out and supported me through all this, and to let you know the saga continues.

love eternal
tad

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One Response to “Retrial”

  1. highboldtage Says:

    Winning the appeal, great news.

    Keep speaking the truth,

    have a peaceful day,
    Bill

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