OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #56

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Cool Cats said:
Yes! I'm surprised more is not under seal away from the public. Even if the Defense knows that maybe most of what they want to suppress will be allowed at trial it still needs to be filed and on record or maybe it would get mentioned on appeal if not filed? Opinion.

Legal Definition of in limine

relating to, or being a motion, petition, or order regarding the admissibility of evidence whose exclusion is sought especially on the ground that it is prejudicial

From Jake's Defense:

#20 MOTION IN LIMINE TO EXCLUDE GRUESOME OR REDUNDANT PHOTOGRAPHS OF THE DECEASED

#22 MOTION IN LIMINE TO PROHIBIT VICTIM-IMPACT EVIDENCE DURING THE TRIAL AND, IF NECESSARY, THE MITIGATION PHASE

#23 MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

#31 MOTION IN LIMINE TO PROHIBIT THE STATE FROM COMMENTING ON DEFENDANT'S UNSWORN STATEMENT

#42 DEFENDANT'S MOTION IN LIMINE REGARDING LIMITED ADMISSIBILITY OF LAW ENFORCEMENT RECORDS

Don't see this one for Jake but it was filed for Angie:

(32) DEFENDANT'S MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION

Legal Dictionary - Law.com
Click to expand...

All responses by the State filed: In CONTRA
 
Cool Cats said:
Yes! I'm surprised more is not under seal away from the public. Even if the Defense knows that maybe most of what they want to suppress will be allowed at trial it still needs to be filed and on record or maybe it would get mentioned on appeal if not filed? Opinion.

Legal Definition of in limine

relating to, or being a motion, petition, or order regarding the admissibility of evidence whose exclusion is sought especially on the ground that it is prejudicial

From Jake's Defense:

#20 MOTION IN LIMINE TO EXCLUDE GRUESOME OR REDUNDANT PHOTOGRAPHS OF THE DECEASED

#22 MOTION IN LIMINE TO PROHIBIT VICTIM-IMPACT EVIDENCE DURING THE TRIAL AND, IF NECESSARY, THE MITIGATION PHASE

#23 MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

#31 MOTION IN LIMINE TO PROHIBIT THE STATE FROM COMMENTING ON DEFENDANT'S UNSWORN STATEMENT

#42 DEFENDANT'S MOTION IN LIMINE REGARDING LIMITED ADMISSIBILITY OF LAW ENFORCEMENT RECORDS

Don't see this one for Jake but it was filed for Angie:

(32) DEFENDANT'S MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION

Legal Dictionary - Law.com
Click to expand...

All responses by the State filed: In CONTRA
Cool Cats said:
BBM

Here are some Motions that show the Defense will try to keep out "other acts" that the Wagner's committed.

Jake:

"..As one example of the motions argued Tuesday, defense attorney Gregory Meyers asked the court not to allow the prosecution to mention his client’s alleged previous behavior during his murder trial.."

DEFENDANT'S MOTION #23 MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

"..There is some evidence Mr. Wagner was violent with one of the victims prior to the murders,” said state Special Prosecutor Angela Canepa, seemingly indicating the prosecution wants to present that alleged incident as part of the case against Wagner.."

"..The prosecutors wrote that messages from Hanna Rhoden to other family members discussed violence she had endured from Jake Wagner.."

Billy:

"..The prosecutors also referred to an incident a few weeks before the murders that Local 12 had reported on previously in which family members claimed Billy Wagner and Christopher Rhoden had been in a physical fight.."


01/17/2019 (26) MOTION FOR DISCLOSURE OF OTHER ACTS EVIDENCE

GW4:

MOTION NO. 15: DEFENDANT'S MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

Angela:

(33) DEFENDANT'S MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

AG withdraws from Rhoden case, new details about Wagner-Rhoden relationship revealed

Past suspect behaviors, grisly murder scene photos may play parts in Rhoden trials - Portsmouth Daily Times

https://www.pikecountycpcourt.org/e...MOo-LnDSVbHAEnGldPIH-UJ1ODl3duJ3N3*LuX6vqCa4A
Click to expand...

All of these Motions have been presented and ruled upon: State responded CONTRA.
 
Cool Cats said:
Yes! I'm surprised more is not under seal away from the public. Even if the Defense knows that maybe most of what they want to suppress will be allowed at trial it still needs to be filed and on record or maybe it would get mentioned on appeal if not filed? Opinion.

Legal Definition of in limine

relating to, or being a motion, petition, or order regarding the admissibility of evidence whose exclusion is sought especially on the ground that it is prejudicial

From Jake's Defense:

#20 MOTION IN LIMINE TO EXCLUDE GRUESOME OR REDUNDANT PHOTOGRAPHS OF THE DECEASED

#22 MOTION IN LIMINE TO PROHIBIT VICTIM-IMPACT EVIDENCE DURING THE TRIAL AND, IF NECESSARY, THE MITIGATION PHASE

#23 MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

#31 MOTION IN LIMINE TO PROHIBIT THE STATE FROM COMMENTING ON DEFENDANT'S UNSWORN STATEMENT

#42 DEFENDANT'S MOTION IN LIMINE REGARDING LIMITED ADMISSIBILITY OF LAW ENFORCEMENT RECORDS

Don't see this one for Jake but it was filed for Angie:

(32) DEFENDANT'S MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION

Legal Dictionary - Law.com
Click to expand...

JMO, but "sealed motions" usually carry at least "some" weight or something to argue, such as a search warrant. These type motions are "wishes, hopes, despair requests" when even the attorneys know their defendants are guilty" -- JMO.
 
Cool Cats said:
Yes! I'm surprised more is not under seal away from the public. Even if the Defense knows that maybe most of what they want to suppress will be allowed at trial it still needs to be filed and on record or maybe it would get mentioned on appeal if not filed? Opinion.

Legal Definition of in limine

relating to, or being a motion, petition, or order regarding the admissibility of evidence whose exclusion is sought especially on the ground that it is prejudicial

From Jake's Defense:

#20 MOTION IN LIMINE TO EXCLUDE GRUESOME OR REDUNDANT PHOTOGRAPHS OF THE DECEASED

#22 MOTION IN LIMINE TO PROHIBIT VICTIM-IMPACT EVIDENCE DURING THE TRIAL AND, IF NECESSARY, THE MITIGATION PHASE

#23 MOTION TO EXCLUDE ANY EVIDENCE RELATING TO OTHER CRIMES, WRONGS OR ACTS

#31 MOTION IN LIMINE TO PROHIBIT THE STATE FROM COMMENTING ON DEFENDANT'S UNSWORN STATEMENT

#42 DEFENDANT'S MOTION IN LIMINE REGARDING LIMITED ADMISSIBILITY OF LAW ENFORCEMENT RECORDS

Don't see this one for Jake but it was filed for Angie:

(32) DEFENDANT'S MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION

Legal Dictionary - Law.com
Click to expand...

I think the last one referred to Angie's mom after she made a plea agreement.
 
Betty P said:
I think the last one referred to Angie's mom after she made a plea agreement.
Click to expand...

It was filed 9 months before Rita's plea so it could be referring to not just Rita but Fred or others who testified for the GJ or gave a sworn affidavit. Could be targeting someone specifically or targeting everybody. It's prior testimony against Angela the defense doesn't want the jury to see, it appears to me. Wonder how incriminating?

03/07/2019 STATE'S MEMORANDUM CONTRA DEFENDANT'S (Angie) MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION (MOTION 32) FILED

12/02/2019 PLEA OF GUILTY -- DEFENDANT (Rita) HAS ENTERED A PLEA OF GUILTY TO THE STIPULATED LESSER INCLUDED OFFENSE OF COUNT 4, TO WIT: OBSTRUCTING OFFICIAL BUSINESS, 2921.31, M-2
 
Hey Sluthers
Something I would like to have your all replies on please, The text between James Manleys and Jake Wagner, do you all think that Jake buddy up with James to get more information on Hanna Mays coming and going’s and not thinking that his family was going to be murder he gave the Wagners to much information on the night of the murders? JMO
 
Johnny B Bad said:
Hey Sluthers
Something I would like to have your all replies on please, The text between James Manleys and Jake Wagner, do you all think that Jake buddy up with James to get more information on Hanna Mays coming and going’s and not thinking that his family was going to be murder he gave the Wagners to much information on the night of the murders? JMO
Click to expand...

I don’t think we actually know if JM made that text if there was one. It could have been JW using JM’s hacked account to text himself to throw suspicion to JM.
 
Dudly said:
I don’t think we actually know if JM made that text if there was one. It could have been JW using JM’s hacked account to text himself to throw suspicion to JM.
Click to expand...
If JW did this, He could be tracked thru the recorded IP number of the connection and the MAC number on the device. He would have had to use JM's device at JM's house to cover his tracks.
 
Johnny B Bad said:
Hey Sluthers
Something I would like to have your all replies on please, The text between James Manleys and Jake Wagner, do you all think that Jake buddy up with James to get more information on Hanna Mays coming and going’s and not thinking that his family was going to be murder he gave the Wagners to much information on the night of the murders? JMO
Click to expand...

The only place that I can find it ever even mentioned was LM saying it one time in an interview. There were no details about this soposed text except I think LM said it was what, 2:00am?

If Jake was confronted with direct evidence about it I don't see how he could deny it which he did, yes I know he lies but text messages hold up in court so Jake won't be able to deny it forever if it happened.

It's always possible LE lied to see if it would get James to talk, Jame's own attorney thought his arrest was on trumped up charges designed to squeeze him for information and nothing has ever come of those charges after over 3 years which is a long time so they had zilch on James in my opinion.

There is also the remote chance that a Wagner drove far out of town and text him to establish an alibi, not likely but phones can be used in this way. "See my phone pinged off a cell tower 100 miles away" etc....

Charges in Rhoden case dropped, pending grand jury

Manley’s attorney, James Boulger, told the Dayton Daily News that the charges were simply a tactical move from the start.

“I think they want to put some pressure on him,” Boulger told the newspaper. “Try to induce him to give them information that they think that he has. That’s what I think that they’re up to.”

He said that Manley, 40, lost his timbering job last week because of this case.

...2 Cents...
 
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Cool Cats said:
It was filed 9 months before Rita's plea so it could be referring to not just Rita but Fred or others who testified for the GJ or gave a sworn affidavit. Could be targeting someone specifically or targeting everybody. It's prior testimony against Angela the defense doesn't want the jury to see, it appears to me. Wonder how incriminating?

03/07/2019 STATE'S MEMORANDUM CONTRA DEFENDANT'S (Angie) MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION (MOTION 32) FILED

12/02/2019 PLEA OF GUILTY -- DEFENDANT (Rita) HAS ENTERED A PLEA OF GUILTY TO THE STIPULATED LESSER INCLUDED OFFENSE OF COUNT 4, TO WIT: OBSTRUCTING OFFICIAL BUSINESS, 2921.31, M-2
Click to expand...

CC, I believe that Motion 32 was one of AW's original motions filed on Dec 14, 2018? What you have mentioned is simply the State's response to that motion. Betty or Dudly, can you please weigh in?
 
Loomis124 said:
CC, I believe that Motion 32 was one of AW's original motions filed on Dec 14, 2018? What you have mentioned is simply the State's response to that motion. Betty or Dudly, can you please weigh in?
Click to expand...

Yup your right the Motion was filed December 14th 2018 and I was actually citing the State's response.

From Angie's Docket

12/14/2018 (32) DEFENDANT'S MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION FILED

The Court finds the State of Ohio opposes, at least in part, Defendant's Motions # 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, (32) 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 49

The Court therefore reserves ruling upon Defendant's Motions # 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 15, 16, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, (32) 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 49 until the "non-substantive" motions filed in all of the related actions have been orally argued and submitted to the Court for decision.

These Motions have been ruled on,
the Docket explains how these Motions were ruled on:

# 1, 2, 12, 14, 17, 18 (appear in civilian clothes)
23, and 48
 
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Johnny B Bad said:
Someone got Charles Reader in a court mess and now it look as someone is after Mike DeWine,
Articles of impeachment drawn up against Gov. Mike DeWine over coronavirus orders
I just wonder if a certain someone is pulling strings to get even with those responsible for putting her family in jail, JMO
Click to expand...

I truly don't believe it has anything to do with this murder case, especially since there have been lawsuits filed against the governor of the state I live in for the exact same reason. I think it is simply politics, not FW trying to get revenge. IMO
 
Cool Cats said:
It was filed 9 months before Rita's plea so it could be referring to not just Rita but Fred or others who testified for the GJ or gave a sworn affidavit. Could be targeting someone specifically or targeting everybody. It's prior testimony against Angela the defense doesn't want the jury to see, it appears to me. Wonder how incriminating?

03/07/2019 STATE'S MEMORANDUM CONTRA DEFENDANT'S (Angie) MOTION IN LIMINE REGARDING THE INADMISSIBILITY OF PRIOR TESTIMONY FROM A WITNESS FOR THE PROSECUTION (MOTION 32) FILED

12/02/2019 PLEA OF GUILTY -- DEFENDANT (Rita) HAS ENTERED A PLEA OF GUILTY TO THE STIPULATED LESSER INCLUDED OFFENSE OF COUNT 4, TO WIT: OBSTRUCTING OFFICIAL BUSINESS, 2921.31, M-2
Click to expand...

It's probably one of those standard motions made in death penalty cases.

Motions Manual

Motions in Limine & Trial Memoranda for First Phase

Mitigation Phase & Motions in Limine for Second Phase
 
Johnny B Bad said:
Someone got Charles Reader in a court mess and now it look as someone is after Mike DeWine,
Articles of impeachment drawn up against Gov. Mike DeWine over coronavirus orders
I just wonder if a certain someone is pulling strings to get even with those responsible for putting her family in jail, JMO
Click to expand...

Some people in Ohio government have been using the COVID 19 pandemic to stir up mentally unbalanced, irrational and potentially dangerous people for political gain. If this kind of craziness continues, with widespread corruption and poor government, you'll begin to see a lot of people and businesses leaving Ohio, myself included.

That said, COVID Crazies have no bearing on the Wagner trials for the murders of the Rhoden/Gilley family members. JMO
 
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