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He was right at least once, going on the 2011 case report below.
A Man Who Represents Himself Has a Fool for a Client
Posted on December 6, 2011 by andrewmishlove
An interesting court of appeals decision today came out of Ohio, where the defendant who represented himself made three blunders that caused him to be convicted of a DUI. He was arrested for DUI while on a bicycle.
Now, in some states it is sufficient for a DUI to be on a “vehicle,” which may include a bicycle. Other states, such as Wisconsin, normally require it to be a “motor vehicle.” This fellow got his legal advice from his friends, family, the police and maybe the judge; and, he plead guilty. Only later, he learned that in Ohio, drunken bicycling is not a DUI. So, naturally, he made a motion to reconsider his case, still representing himself.
The second blunder was that he missed the time limit for filing the motion to reconsider. In order to get around the time limit, he filed a motion alleging ineffective assistance of counsel. In effect, he attacked his representation of himself. That, of course, is not allowed either.
So, the fellow’s client wound up with a DUI on his record solely because of the bad representation that he received from himself.
On the other hand, think of the money that he saved in legal fees.
The case is Olmstead Falls v. Buckwald. Thanks to my Illinois colleague and fellow NCDD Regent, Don Ramsell, for bringing this to my attention.
:what:
I have used the word evidence to describe what I see as evidence in my eyes, not what the police would actually term evidence in a legal sense.
1. GBCs changing story of when ABC went for her walk.
2. Police noting circumstances at BCs home that made them suspicious.
3. Police request for witnesses regarding movements of the BCs cars.
4. GBC engaging lawyer and barrister early on.
5. THAT interview.
6. Car accident on the way to police station. Odds of wife going missing and car accident during same week very long.
I realise that the evidence I have given has relied on what we have been told via the media. I would be so glad to be proven wrong for the sake of those three little girls. I just can't see any other possibilities.
Nads... what are the three or four key pieces of 'evidence' for you, acknowledging this is not a court of any kind, that point to the prime suspect's guilt?
Nads... what are the three or four key pieces of 'evidence' for you, acknowledging this is not a court of any kind, that point to the prime suspect's guilt?
- He is the husband of the victim (statistics)
- He was at the house at the time of her alleged disappearance from the house
- He was allegedly the last one to see her alive
Thanks for responding - I totally understand where you're coming from LouiseP. I respect your view, I just don't see it that way myself. To reference back to your list:
1. I think this was more a result of confusing reporting by the press than GBC changing his story, so I don't factor it into my thinking. I think if GBC had chopped and changed his story to QPS they would have him behind bars already. Whatever he told QPS sounded plausible enough to launch a massive missing person search.
2. The house was the last place ABC was supposedly seen alive, so makes sense for QPS to have a close look at it and in fact make it an official part of the investigation.
3. It is quite plausible that ABC left the house that night willingly, in either one of the cars and QPS are trying to piece together where she was going and why, and who returned the car and when.
4. I too would engage a lawyer if I were GBC and found myself caught up in this situation (and I was innocent). The press were blatantly insinuating his guilt early on, this has stopped since the lawyers came on board.
5. Everyone reacts differently under media and public scrutiny, god knows how I would look on camera knowing most people assumed I was guilty!
6. Innocent or guilty, GBC had a lot on his plate that week! Probably not sleeping, maybe on medication... I don't read much into the car accident, I've had quite a few myself.
Sadly there are still really no true "facts"! Even the simplest details are disputed - did the girls stay that night, did ABC go walking at night or the next morning, who drove which car, what conference (real estate or pathways) was ABC planning to attend? There are elements of doubt to everything. That's why I'm still fair and square on the fence...
I also have this gut feeling that ABC willingly left the house after GBC went to bed, in one of the family cars, possibly to meet someone, and the police are trying to piece together who/where/why and perhaps even which car she took. And if this is the case GBC ceases to be the prime suspect on my whiteboard.
- He is the husband of the victim (statistics)
- He was at the house at the time of her alleged disappearance from the house
- He was allegedly the last one to see her alive
After 30 mins no "Thanks" from fellow fence sitters...
Wow - 37 members following tonight and I seem to be the only "fence sitter" among us.
I've been struggling to keep up the last few days, perhaps I've missed some new facts implicating the suspect? If so please fill me in!!!
No, you aren't the only one. But I am sitting much more heavily to one side of the fence than the other. As we have hardly any facts I feel unqualified to jump to a firm conclusion about anything.
Having said that, statistics make me lean to the most obvious suspect.
Some people seem to forget that Cr Tully also has a Law Degree. IMO the man is not stupid. He knows exactly why he is writing what he is writing IMO.
When I read it It gave me the feeling that the AG was letting it be known that he was agreeable with the QPA approaching him (bring it on) with a deal.I don't think I can recall an Att. General addressing the media (to dispute a blog of all things) in such a way. It seemed very unusual to me. Just a gut feeling there was more to it. MOOOO
I found the comment from the AG in the latest Cm articlehttp://news.com.au/national/baden-clay-murder-immunity-rumour-attacked/story-e6frfkvr-1226391661550
"If the police put in a request, I have the power to grant immunity to someone if they believe they can get someone by evidence that's going to incriminate someone else, but I haven't had that approach as far as I know," he said.
Interesting, he hasn't been approached as far as he knows?? Wouldn't he know? Maybe it hasn't reached him yet, perhaps he knows its on the cards, maybe Police have conferred with him but put no official request in yet??
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