Breaking News/State files Brief Today in Young Case.10/20/14

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Well, all we can really go on is the state's highest court decided to hear the state's appeal. According to many, this in it's self is extremely rare, as up to 95% of these unanimous CoA decisions appealed by the state are dismissed without any comment from the Supreme Court. I also find it interesting that the CoA order for a new trial was written by Bob Hunter. Mr Hunter was appointed to the State Supreme court last summer, but was promptly asked to leave by the voters in Wake county, during the last general election.

Interesting and encouraging voting facts for the NC supreme court the last 2 years

"Compared to the state’s Court of Appeals, whose 15 judges hear cases in three-judge panels, the Supreme Court has been a difficult venue for defendants making a case that they had not received a fair trial "

 "Since the start of 2013 the court has issued authored opinions in 18 criminal law cases. In 17 of those 18 cases, the court ruled in favor of the state"

" In most of those cases, the defendant had prevailed at the Court of Appeals. Of the 18 opinions, 14 reversed the Court of Appeals"

http://nclawyersweekly.com/2014/09/...inds-justices-agreed-on-much-in-recent-years/


 
Just the Fax said:
Well, all we can really go on is the state's highest court decided to hear the state's appeal. According to many, this in it's self is extremely rare, as up to 95% of these unanimous CoA decisions appealed by the state are dismissed without any comment from the Supreme Court. I also find it interesting that the CoA order for a new trial was written by Bob Hunter. Mr Hunter was appointed to the State Supreme court last summer, but was promptly asked to leave by the voters in Wake county, during the last general election.

Interesting and encouraging voting facts for the NC supreme court the last 2 years

"Compared to the state’s Court of Appeals, whose 15 judges hear cases in three-judge panels, the Supreme Court has been a difficult venue for defendants making a case that they had not received a fair trial "

 "Since the start of 2013 the court has issued authored opinions in 18 criminal law cases. In 17 of those 18 cases, the court ruled in favor of the state"

" In most of those cases, the defendant had prevailed at the Court of Appeals. Of the 18 opinions, 14 reversed the Court of Appeals"

http://nclawyersweekly.com/2014/09/...inds-justices-agreed-on-much-in-recent-years/
Click to expand...


Thanks!!
 
Just the Fax said:
Well, all we can really go on is the state's highest court decided to hear the state's appeal. According to many, this in it's self is extremely rare, as up to 95% of these unanimous CoA decisions appealed by the state are dismissed without any comment from the Supreme Court. I also find it interesting that the CoA order for a new trial was written by Bob Hunter. Mr Hunter was appointed to the State Supreme court last summer, but was promptly asked to leave by the voters in Wake county, during the last general election.

Interesting and encouraging voting facts for the NC supreme court the last 2 years

"Compared to the state’s Court of Appeals, whose 15 judges hear cases in three-judge panels, the Supreme Court has been a difficult venue for defendants making a case that they had not received a fair trial "

 "Since the start of 2013 the court has issued authored opinions in 18 criminal law cases. In 17 of those 18 cases, the court ruled in favor of the state"

" In most of those cases, the defendant had prevailed at the Court of Appeals. Of the 18 opinions, 14 reversed the Court of Appeals"

http://nclawyersweekly.com/2014/09/...inds-justices-agreed-on-much-in-recent-years/
Click to expand...

JTF, "you just made my heart sing!" Thanks for this invaluable info!!
 
There is no way to know what is going to happen.
Just like Jason winning his appeal was a longshot or Brad Cooper taking a plea for 2nd degree.
No one could predict these things.
After the state files their next response due in 2 weeks, Jason's attorney will answer with their own within the 30 day time frame and then the SC still has to hear oral arguments from both sides.
The state erred in including the custody and civil hearing findings in Trial 2 as Ms. Blackman pointed out in the brief that was filed on Young's behalf.
Now, we just wait.
 
I respectfully need to correct misinformation being posted as fact by another poster on this board.

The state's response due 2/4/15 is simply a response to the motion for appropriate relief filed by JLY 12/26/14 .....(arguing JLY received ineffective assistance of trial counsel)
There will be no "30 day time frame" for JLY's attorney to "answer with their own" response.
 
Based upon what has happened since Young has been awarded a new trial and the state's appeal to the SC, each side has submitted their brief and the other side has countered with their argument within 30 days.
Ms. Blackman may also have the same opportunity this time with the motion she filed unless the SC:
1)has made a decision
or
2)will go forward with oral arguments
 
Based on facts, not speculation.

1- Blackman submitted a motion, not a brief.
2- The state answers that motion by 2-4-15
3- the SC schedules and hears oral arguments
 
So, here is some 'educated' speculation......
The NC Supreme Court will hear oral arguments mid to late summer, 2015.

And yes, it is a fact JLY remains in a super-max prison as convicted killer, Felony inmate # 1309245.:jail:

More speculation...... Based on recent SC decisions (link posted above) , JLY has an 88.8% chance of losing his appeal and dying in prison. (77.7% if they split on the 2 civil issues).

 
Whether it's been a motion, a brief, or the actual appeal, the fact remains that each side up until now has had 30 days in the past to respond to whatever was filed. The next due date is Feb 5, 2015.

July 2013 Jason Young Appellate Brief
Dec 2013 NC Appeals Court hears Jason Young bid for appeal
April 2014 Jason Young awarded a new trial
April 2014 State to ask NC Supreme Court to review Jason Young appeal
August 2014 SC agrees to review the appeal court hearing
Sept 2014 State asks for extension
Oct 2014 State files brief
Nov 2014 Ms. Blackman requests an extension
Dec 2014 Ms. Blackman responds
Jan 2015 State asks for another extension

From August 2014 to this last filing, everything has been answered on or about 30 days.

Jason won his appeal and his conviction has been overturned.
Those are the facts.
 
On Tuesday, the N.C. Court of Appeals vacated the 2012 guilty verdict from the second trial and ordered a third trial.

Read more here: http://www.newsobserver.com/2014/04/01/3749371/nc-appeals-court-throws-out-jason.html#storylink=cpy

I corrected my mistake...his verdict was vacated not his actual sentence, he is more or less in limbo until a decision is made, but yes, his conviction has been overturned.

The fact that both Young and Cooper won their appeals on the very first try is also extremely high.
 
Until the high court rules, what the lower court said is essentially a moot point.
The fact remains, he remains incarcerated in a max security prison and is treated as a violent felon.

If by some crazy, bizarre chance there is not a 4-3 decision for the state, JLY will then go back to the Wake County Jail and await a new trial.
 
Just the Fax said:
Until the high court rules, what the lower court said is essentially a moot point.
The fact remains, he remains incarcerated in a max security prison and is treated as a violent felon.

If by some crazy, bizarre chance there is not a 4-3 decision for the state, JLY will then go back to the Wake County Jail and await a new trial.
Click to expand...

If you read the link you posted you will see Young is in medium custody clarification, in regular population and with no infractions, and, while I am sure he would rather be elsewhere, he does have hope.
Ms. Blackman is an excellent appellate attorney and will fight for him.
The Judge erred in allowing the civil rulings into the last trial, and if you don't think so, ask yourself why Trial 1 ended in a mistrial with 8-4 jurors voting NG.
The state needed that extra ammunition to secure a conviction and here we are. The verdict has been thrown out and we are basically back to square 1.
 
JusticeFever said:
If you read the link you posted you will see Young is in medium custody clarification, in regular population and with no infractions, and, while I am sure he would rather be elsewhere, he does have hope.
Ms. Blackman is an excellent appellate attorney and will fight for him.
The Judge erred in allowing the civil rulings into the last trial, and if you don't think so, ask yourself why Trial 1 ended in a mistrial with 8-4 jurors voting NG.
The state needed that extra ammunition to secure a conviction and here we are. The verdict has been thrown out and we are basically back to square 1.
Click to expand...

"medium custody" at Alexander Correctional just means he can go to the yard without shackles. That prison is NC's max of the max.
https://www.youtube.com/watch?v=JprOkDtPHUc

Why was there a hung jury in trial #1, you asked?
He took the stand and lied as the sociopath extraordinaire that he is.
The performance was rehearsed for years, with nobody even hearing an audition.
As expected, he was busted in trial #2 , when his lies and deceit , especially about the night at the Cracker Barrel and Hampton Inn, hung him for sure.
 
Ms. Blackman while I'm sure is an excellent Appellate Attorney can continue her fight, but with an 88.8% of losing, I agree with JTF..........the odds are greatly in the States's favor.

Yes, justice WILL prevail in this case. Yes, JLY WILL continue to be incarcerated in a Maxium Security Prison and thankfully will die there as well. I hope he lives to be a very old man with many years ahead to reflect.......
 
Just the Fax said:
"medium custody" at Alexander Correctional just means he can go to the yard without shackles. That prison is NC's max of the max.
https://www.youtube.com/watch?v=JprOkDtPHUc

Why was there a hung jury in trial #1, you asked?
He took the stand and lied as the sociopath extraordinaire that he is.
The performance was rehearsed for years, with nobody even hearing an audition.
As expected, he was busted in trial #2 , when his lies and deceit , especially about the night at the Cracker Barrel and Hampton Inn, hung him for sure.
Click to expand...

Good to see you posting again, JTF!!!!!!
 
Looks like the NC Supreme Court is starting off 2015, again correcting the liberal, inept CoA judges!

Remember the sicko Joshua Stepp that sexually assaulted and murdered his girlfriend's 10 month old baby girl?

Well, true to form, the NC Court of Appeals overturned the conviction last year and awarded a new trial.....imagine that!

Thankfully, the wise judges on the SC once again reversed the CoA and upheld the 1st degree murder conviction.

This seems to be a consistent pattern. The liberal CoA declare a new trial and the SC takes the case and rightfully reverses their decision.

http://www.wral.com/nc-supreme-court-upholds-wake-man-s-conviction-in-toddler-s-death/14383238/
 
Stepp is lucky he was spared the death penalty; he certainly qualified for it despite claims of PTSD. So glad Hunter didn't make it to the SC panel. Would be interesting to be a fly on the wall as these SC judges discuss their impressions of some of the CoA judges. I bet there are lots of eyerolls on some of the CoA decisions.
 
DNA analysis has come a long way in the last 37 years.
Forensic evidence was finally tested and Mr. Sledge was exonerated .....great news!

"Nationwide, The Innocence Project said there have been 325 post-conviction DNA exonerations"

"Justice" nationwide.......not just North Carolina ;)
 
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