News for hackers. Stuff that matters.
Re:A man spent a year in jail on murder charge that hinged o... by giantg2 on Sunday August 22, 2021 @02:05PM (#28267880)
Magistrates aren't even required to pass the bar. I had one think that I was calling him prejudiced when asking to dismiss with prejudice (and many other examples with other magistrates, but this one is somewhat funny). I had a judge say that you can't use statements made at a prior trial to discredit the same witness at the current trial if their testimony conflicts. He also denied said that a trial de novo is a "complete do-over" yet denied a petition to dismiss because there's no record of the issues being raised before the end of the trial. So is it a complete do-over? The whole reason they do de novo trials for appeals from the magistrate is because the magistrate doesn't have a court reporter. Not to mention one of the complaints was that the magistrate wouldn't even hear the petition, responding with "That's not gonna happen". Makes sense since he was a retired police cheif. The judge also called me a sovereign citizen when I asked to speak, even though I met the definition of a litigant under the state constitution. There were some minor things too. The main point is, he knew rights had been violated in an irrevocable way as part of that case but decided that it didn't matter.

My impression is that if they do recognize it, they don't care. I also think many dont recognize it. After all, are they going to side with a layman citizen or the police and prosecutor? Even with a defense attorney, it often comes down to the police officer's word vs the accused. Who are they going to believe?

Re:A man spent a year in jail on murder charge that hinged o... by Spooky23 on Sunday August 22, 2021 @06:13PM (#28270179)
That’s bullshit. Lay magistrates deal with minor issues like traffic infractions, violations and minor misdemeanors.
Re:A man spent a year in jail on murder charge that hinged o... by giantg2 on Sunday August 22, 2021 @06:46PM (#28270452)
Misdemeanors can keep people from getting a job. There can be pretrial restrictions, including custody. They also tend to be the ones having preliminary hearings and can issue warrants, even for felonies.

These are not just traffic violations and minor issues. And even if they were, that doesn't mean that people's rights stop mattering, nor is that a valid excuse for gross incompetence.