GUILTY OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #64

[Cool Cats]

Specific Performance - Definition, Examples, Cases, Processes

The term “specific performance” refers to literal performance of one’s obligations under a contract.

Should a party default on his obligation, then a court may issue an order for specific performance requiring a party to perform a particular action.

So Canepa did a signed plea deal (defense is treating it as a contract) with Jake saying the DP is off the table for him and his family.

Now Billy's attorneys want the prosecution to come through for him
(specific performance) meaning Billy wants it in writing for him specifically

I actually agree with Billy wanting this in writing, I mean this is as serious as it gets, the death penalty.

 

[Covert Operative]

Specific Performance - Definition, Examples, Cases, Processes

The term “specific performance” refers to literal performance of one’s obligations under a contract.

Should a party default on his obligation, then a court may issue an order for specific performance requiring a party to perform a particular action.

So Canepa did a signed plea deal (defense is treating it as a contract) with Jake saying the DP is off the table for him and his family.

Now Billy's attorneys want the prosecution to come through for him
(specific performance) meaning Billy wants it in writing for him specifically

I believe plea deals are considered contracts. I do think they will have to drop the DP per the plea deal/contract " his agreement". They did not put in a date though so not sure how that will play out unless the judge assigns a date. I would say what the court considers a reasonable time for an agreement to be acted upon. It does not state they will drop the DP if he testifies, it states they will drop the DP per his agreement to testify is how I read the contract/plea deal. If he doesn't then it will all be reinstated.

They can try to enforce the prosecution to uphold the agreement or they could try to have the agreement set aside.
(not sure about Ohio law)

I doubt defense wants it set aside because they would lose the DP being dropped. If it was set aside due to a breach by the state I do not know if the state could use the proffer, evidence etc.

 

[Cool Cats]

I believe plea deals are considered contracts. I do think they will have to drop the DP per the plea deal/contract " his agreement". They did not put in a date though so not sure how that will play out unless the judge assigns a date. I would say what the court considers a reasonable time for an agreement to be acted upon. It does not state they will drop the DP if he testifies, it states they will drop the DP per his agreement to testify is how I read the contract/plea deal. If he doesn't then it will all be reinstated.

They can try to enforce the prosecution to uphold the agreement or they could try to have the agreement set aside.
(not sure about Ohio law)

I doubt defense wants it set aside because they would lose the DP being dropped. If it was set aside due to a breach by the state I do not know if the state could use the proffer, evidence etc.

Your Quote
"It does not say they will drop the DP if he testifies, it say they will drop he DP per his agreement to testify is how I read the contract/plea deal. If he doesn't then it will all be reinstated."

I'm glad you picked up on this as it is significant.

I kept thinking maybe the prosecution won't give Billy a contract in writing because Jake hasn't even testified yet.

However, that is not the case since you are pointing out that he only had to agree
to testify. This should make the plea contract valid and I wouldn't be surprised if Deering gives the prosecution a deadline in which to supply Billy with what he wants in writing, that is, showing the DP is indeed for sure off the table for him.

Where can I read the plea deal? You said you read it? Or did you mean you heard Canepa describe it in court?

 

[Covert Operative]

Your Quote
"It does not say they will drop the DP if he testifies, it say they will drop he DP per his agreement to testify is how I read the contract/plea deal. If he doesn't then it will all be reinstated."

I'm glad you picked up on this as it is significant.

I kept thinking maybe the prosecution won't give Billy a contract in writing because Jake hasn't even testified yet.

However, that is not the case since you are pointing out that he only had to agree
to testify. This should make the plea contract valid and I wouldn't be surprised if Deering gives the prosecution a deadline in which to supply Billy with what he wants in writing, that is, showing the DP is indeed for sure off the table for him.

Where can I read the plea deal? You said you read it? Or did you mean you heard Canepa describe it in court?

It is attached to the motion 51. If you go past the motion, the plea agreement is attached at the bottom.

 

[Cool Cats]

It is attached to the motion 51. If you go past the motion, the plea agreement is attached at the bottom.

Hey thanks I missed it! I never went past the last page of Motion 51

*** Just looked at it, can't believe this is the first time I'm seeing it.

 

[Covert Operative]

Hey thanks I missed it! I never went past the last page of Motion 51

*** Just looked at it, can't believe this is the first time I'm seeing it.

It's easy to miss stuff. There is so much in those documents and they are not the most fun thing to read. You may interpret it some other way than I did. I guess it just matters how the judge interprets it

 

[Cool Cats]

@Covert Operative pointed out to me that Jake's plead deal, complete with a few corrections written in, is right past the Motion 51. Scroll past the end of it.

Here it is again, Motion 51 with Jake's plead deal at the end.

DEFENDANT'S AGREEMENT AND PLEA AND SENTENCING AGREEMENT OF THE PARTIES

 

[Mind your biscuits]

Did Columbo go to Scotland Yard? I must have missed that episode.

Well he was dressed for the weather! Sorry

 

[ohioexpat63]

So,
If for some reason the DP gets put back on the table does the state lose all evidence JW provided? How does that work?

 

[Betty P]

It is attached to the motion 51. If you go past the motion, the plea agreement is attached at the bottom.

Yes, I read it when you first posted it, thanks very much.

 

[LMDlong]

So,
If for some reason the DP gets put back on the table does the state lose all evidence JW provided? How does that work?

From the way I read and understand, if he breeches the agreement the DP goes back on the table and the state would keep all evidence he provided and additional charges may be filed. But I could be wrong.

 

[Covert Operative]

From the way I read and understand, if he breeches the agreement the DP goes back on the table and the state would keep all evidence he provided and additional charges may be filed. But I could be wrong.

If he breaches, yes they get to use it all .

 

[Betty P]

From the way I read and understand, if he breeches the agreement the DP goes back on the table and the state would keep all evidence he provided and additional charges may be filed. But I could be wrong.

Yes. The judge was very clear about that during Jake's last hearing. He specifically discussed those details and made Jake answer "yes" that he understood the consequences.

 

[IType]

Well he was dressed for the weather! Sorry

Lol

 

[LMDlong]

I believe plea deals are considered contracts. I do think they will have to drop the DP per the plea deal/contract " his agreement". They did not put in a date though so not sure how that will play out unless the judge assigns a date. I would say what the court considers a reasonable time for an agreement to be acted upon. It does not state they will drop the DP if he testifies, it states they will drop the DP per his agreement to testify is how I read the contract/plea deal. If he doesn't then it will all be reinstated.

They can try to enforce the prosecution to uphold the agreement or they could try to have the agreement set aside.
(not sure about Ohio law)

I doubt defense wants it set aside because they would lose the DP being dropped. If it was set aside due to a breach by the state I do not know if the state could use the proffer, evidence etc.

You made some good points. Got my mind going. Think I’m going to have to watch JW’s plea hearing again.

 

[Johnny B Bad]

@Covert Operative pointed out to me that Jake's plead deal, complete with a few corrections written in, is right past the Motion 51. Scroll past the end of it.

Here it is again, Motion 51 with Jake's plead deal at the end.

DEFENDANT'S AGREEMENT AND PLEA AND SENTENCING AGREEMENT OF THE PARTIES

Don’t all this hard work these attorneys are doing and all the money tax payers are spending just to protect a piece of crap that came in the dark like monster and killed 8 innocent people for the only reasons is that the Wagners could not bully a little 19 year old girl around so they took the cowardly way out and just killed her and her family to make sure the Rhodens didn’t come after them! So I ask you Sleuthers WHY? Billy Wagner, Angela Wagner, George Wagner iv and Jake Wagner is not worth the time and effort that Defense team is going through, JMO

JAKE WAGNER HAS ALREADY TOLD ALL OF US THAT HIM AND HIS FAMILY KILLED THE RHODENS , EYE FOR AN EYE, JMO
Let the coward Billy Wagner pay for his crime, I can see what he is trying to do, he is trying to full the court system again, it’s time to show BW that the courts are tired of him, JMO

 

[altojack]

Well he was dressed for the weather! Sorry

You've got it one! Mind you these few months it's been hotter than normal here for this time of the year. Currently it's overcast and cool breezes, bliss.

 

[Dudly]

Don’t all this hard work these attorneys are doing and all the money tax payers are spending just to protect a piece of crap that came in the dark like monster and killed 8 innocent people for the only reasons is that the Wagners could not bully a little 19 year old girl around so they took the cowardly way out and just killed her and her family to make sure the Rhodens didn’t come after them! So I ask you Sleuthers WHY? Billy Wagner, Angela Wagner, George Wagner iv and Jake Wagner is not worth the time and effort that Defense team is going through, JMO

JAKE WAGNER HAS ALREADY TOLD ALL OF US THAT HIM AND HIS FAMILY KILLED THE RHODENS , EYE FOR AN EYE, JMO
Let the coward Billy Wagner pay for his crime, I can see what he is trying to do, he is trying to full the court system again, it’s time to show BW that the courts are tired of him, JMO

Would you not want the same for you if you were accused? They have not been found guilty in court, yet.
At this point they are entitled to anything you would expect to get. I do not believe they are innocent but innocent until proven guilty is the law of the land. I’m sure you would not want a mistrial...

 

[Covert Operative]

You made some good points. Got my mind going. Think I’m going to have to watch JW’s plea hearing again.

I am not sure its laid out in there the way it is laid out in the actual written plea agreement but it may be. It is so long, let me know if anything sticks out when you rewatch it.

 

[Betty P]

I am not sure its laid out in there the way it is laid out in the actual written plea agreement but it may be. It is so long, let me know if anything sticks out when you rewatch it.

IIRC, the part about the state still using the evidence Jake gave them even if he breaks the plea agreement was glossed over quickly, as I recall. They made it clear, though, that the deal was off if he didn't testify.