LA - ***ARREST*** Mickey Shunick, 21, Lafayette, 19 May 2012 #39

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I understand appeals are automatic in a DP case...but it would be an extra appeal if indeed the trial is not moved and should have been...


Appeals are seldom attached with a single cause.
DTL's appeal which include multiple causes:



"Snipped from Serial Killer DTL's denied appeal"

* (defendant is not entitled to a jury entirely ignorant of the case and cannot prevail on
a motion for change of venue merely by showing a general level of public awareness
about the crime).


http://www.lasc.org/opinions/2008/05KA2098.opn.pdf

01/16/08
SUPREME COURT OF LOUISIANA
NO. 2005-KA-2098

DECREE
For the reasons assigned herein, the defendant's conviction and death sentence are affirmed.


LSA-C. Cr. P. art. 622 provides, in pertinent part:

A change of venue shall be granted when the applicant
proves that by reason of prejudice existing in the public
mind or because of undue influence, or that for any other
reason, a fair and impartial trial cannot be obtained in the
parish where the prosecution is pending.

* A defendant must prove more than mere public general knowledge or
familiarity with the facts of the case, to be entitled to have his trial moved to another
parish. State v. Frank, 99-0553, p. 16 (La. 1/17/01), 803 So.2d 1, 16 (there is no

"bright line” test for determining the degree of prejudice existing in the collective

mind of the community...the defendant must show the extent of prejudice in the minds...
*************************
It is doubtful that 'BS Lavergne's victim total will equal or exceed DTL's, but due to his personality traits, past arson, alleged grave digging, rape conviction, and pattern of calculating deviant behavior. who knows where this will lead?

http://www.katc.com/full-coverage/searching-for-mickey-shunick/


Former Miss Church Point Claire Higginbotham says she's been living in fear of ..... ineffective counsel, illegal sentencing, and a violation of constitutional rights. ..... authorities were digging up possible graves near Brandon Lavergne's home.
 
Believe it or not, there are people in Lafayette who are not following the case. People in my area-about an hour away- don't know much about the case and aren't that interested. It's that way in a lot of the state. Not everyone is wrapped up in Mickey's disappearance. Just because people hear about it doesn't mean they're prejudiced one way or the other.

I agree. As far as being able to seat a jury of locals, I see nothing that indicates this case should be any more difficult than most any other relatively high-profile case in any midsized city in America. Just because a potential juror has read news reports or seen local news coverage, or heard rumors about this case doesn't automatically disqualify him/her. A juror should not have formed an opinion of the accused's guilt or innocence that would prevent him/her from listening to the testimony and then deliberating, based on the evidence presented. Even in the heart of the 'CajunNet', it shouldnt be too hard to find 14-16 people who qualify. JMO.
 
Please forgive if this has already been posted.

http://kpel965.com/tom-shunick-would-be-surprised-if-brandon-lavergne-pleads-guilty/

He’s liable to get the death penalty if they try the other case first. If they do, then why wouldn’t he come clean, providing he actually did it and has the body somewhere.

“The other case” involves the death of Lisa Pate, for which Lavergne is also charged with first-degree murder. Shunick says that indictment was only a small surprise.

How did I miss this article!!?? It was written 5 days ago??
 
But the people that those people tell.. could be.

Once, when I was called for jury duty, I tried every way I could to get out of it. Of course it wasn't a criminal case, but I still knew the defendant. He was a LEO who was accused of purposely running over a crackhead's foot. (Not exactly an episode of Real Stories Of The Highway Patrol,) but I digress. I was called and questioned and I told the plaintiff's (the crackhead) attorney that I knew the defendant and since he was a policeman, I was raised to trust them (Yeah yeah, I know they can't all be trusted, but I was trying to get out of it remember?) That attorney kept asking questions and I even got into it once with the judge...I told him something about how you can't "unring" a bell. To make a long story short, I was chosen to be on that jury and it was the plaintiff's attorney who chose me. Go figure.
 
Once, when I was called for jury duty, I tried every way I could to get out of it. Of course it wasn't a criminal case, but I still knew the defendant. He was a LEO who was accused of purposely running over a crackhead's foot. (Not exactly an episode of Real Stories Of The Highway Patrol,) but I digress. I was called and questioned and I told the plaintiff's (the crackhead) attorney that I knew the defendant and since he was a policeman, I was raised to trust them (Yeah yeah, I know they can't all be trusted, but I was trying to get out of it remember?) That attorney kept asking questions and I even got into it once with the judge...I told him something about how you can't "unring" a bell. To make a long story short, I was chosen to be on that jury and it was the plaintiff's attorney who chose me. Go figure.

"LOL, I was called to jury duty in Pickens County, GA(good ole boy network), a few years ago, after the Meredith Hope Emerson tragedy/fiasco"..
The Honorable Judge ask if there was anyone that couldn't serve due to a hardship, etc.. I stood up and raised my hand. The Judge said to come up to the bench for privacy(side bar). I said, 'your honor, what I have to say does not require privacy"..He said OK... "I said, there is no Justice in this da.. corrupt County'.. 'He said, dismissed & we'll do the paperwork for you"..
'Still have the $35.00 check'..
 
How did I miss this article!!?? It was written 5 days ago??

i missed it too till it was posted earlier in the thread. dont feel bad. and i compulsively check all of the news apps on my phone at least once an hour waiting to hear something!! :waitasec:
 
Finally, the answer to that age old question: what is Cajun net ?

http://youtu.be/Nhnr1mNLyIg

or the other definition:

http://youtu.be/Y7dGdrP3pms

:guitar::Banane48:genie: :razz: :Banane35::genie::Banane48::guitar:

LOL! Mamacat u find the best stuff! That guy sounds just like my 82 year old paw paw- he cracks me up when we watch Swamp People and he says "i can't understand what dem damn coonasses are saying!" Even though he talks JUST like that!
 
"LOL, I was called to jury duty in Pickens County, GA(good ole boy network), a few years ago, after the Meredith Hope Emerson tragedy/fiasco"..
The Honorable Judge ask if there was anyone that couldn't serve due to a hardship, etc.. I stood up and raised my hand. The Judge said to come up to the bench for privacy(side bar). I said, 'your honor, what I have to say does not require privacy"..He said OK... "I said, there is no Justice in this da.. corrupt County'.. 'He said, dismissed & we'll do the paperwork for you"..
'Still have the $35.00 check'..

I am soooooo gonna have to remember that!!!:floorlaugh:
 
Maybe not. I'm just considering Someguy's statement that BSL didn't drink. Not real common for a guy his age in south Louisiana. And if he didn't drink because it unleashed his demons, then I see it as possible that he was drinking the night Mickey went missing - due to turmoil with his love life - and of course would have less tolerance.

I'm not yet ready to conclude that he was killing people nonstop since 2008. It could have been that he got in a bad frame of mind and something snapped.

I'm thinking he drank socially, but wasn't a boozer, ya know. If he was going to Poets, I'm sure he wasn't sipping on sprite, but that doesn't mean he was getting hammered either. He's a big guy. I'm sure he can put back a few without getting stupid drunk. Maybe someguy just meant that he didn't like drunks. The girl he dumped may have been a lush. My husband dated a girl for a few months but called it off because he was sick of carrying her to his car without her shoes at midnight every time they went out. It was a turn off, but my husband definitely drinks, as do I on some weekends, but I just don't get smashed. Once or twice a year I'll accidentally have too much - football season usually :blushing:
 
I'm thinking he drank socially, but wasn't a boozer, ya know. If he was going to Poets, I'm sure he wasn't sipping on sprite, but that doesn't mean he was getting hammered either. He's a big guy. I'm sure he can put back a few without getting stupid drunk. Maybe someguy just meant that he didn't like drunks. The girl he dumped may have been a lush. My husband dated a girl for a few months but called it off because he was sick of carrying her to his car without her shoes at midnight every time they went out. It was a turn off, but my husband definitely drinks, as do I on some weekends, but I just don't get smashed. Once or twice a year I'll accidentally have too much - football season usually :blushing:

Imo, there will be a direct or indirect drug connection to BS LAVERGNE'S evil trail of terror..
 
Instead of going 'round and 'round, let me just say directly then why I think it might not be good to start talking about the 5,689 incriminating things in BSL's home:

LE is not likely going to release WHAT was found, and how much, until the trial.

If people start talking about how they found 34 women's licenses and 56 purses and 78 pairs of panties (not saying that people here are doing that!), the whole town is going to take it as fact that he killed 78 women. A convicted serial killer.... will become the public "fact."

I was at the gas station an hour ago and the little clerk knew I was following the case - and without my saying a word, she said "HEY! Did you hear? They found like dozens of purses in his home and I heard they found some skulls....he's a serial killer for sure and they need to kill that bad man."

Do I believe her info? No. Will this kind of talk impede the ability to seat an impartial jury? Yes.

IMO.... that is LE's fault for starting that, if it's true that they were talking to people whose items were found, and not asking them to keep quiet.

I can't stress it enough to non-locals: You can't judge the chances of a clean jury by just looking at the size of Lafayette; it's the size of the MOUTHES in Lafayette....
 
I agree. As far as being able to seat a jury of locals, I see nothing that indicates this case should be any more difficult than most any other relatively high-profile case in any midsized city in America. Just because a potential juror has read news reports or seen local news coverage, or heard rumors about this case doesn't automatically disqualify him/her. A juror should not have formed an opinion of the accused's guilt or innocence that would prevent him/her from listening to the testimony and then deliberating, based on the evidence presented. Even in the heart of the 'CajunNet', it shouldnt be too hard to find 14-16 people who qualify. JMO.


Somewhere in the back of my head I think there is another option...keeping the trial local and bringing jurors in from another area. I have no clue if this is something they actually do or if I am imagining it. After the day I have had, I could imagine just about anything and think it is true. :lurk:
 
Just a drive-by gotta go do some things.
Going to bag up the mounds of grass clippings for the horses and make their day... then other errands... I'll check in late.

Prayers for the Shunicks and the Pates!
 
Somewhere in the back of my head I think there is another option...keeping the trial local and bringing jurors in from another area. I have no clue if this is something they actually do or if I am imagining it. After the day I have had, I could imagine just about anything and think it is true. :lurk:

That may be an option, but I really doubt there will be a need. I am pretty sure I can count at least a dozen Laffy residents on this board who have asked, many times, "what is the CajunNet, and how do I get it", so obviously not everyone is part of it. And FWIW, every community and town has its own version of the cajun net...ours are just called gossipers and busybodies. And they are many, and everyone knows some.
 
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