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Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Appealing a case to circuit court
Posted by:
Look before you leap
()
Date: June 28, 2015 02:39AM
Cases are usually heard by a panel of three judges. The chief judge assigns which judges hear each case, based on their workload and sometimes other factors.
Since the courts only review cases which are appealed from a lower court, there is no evidence presented, and no witnesses are heard.
The judges reviews the records from the original trial. If a defendant was found guilty previously through their own admission (admitting in the lower court that they committed an offense), they will be found guilty in circuit court as well.
http://www.civilrights.org/judiciary/courts/appeals.html
Since the courts only review cases which are appealed from a lower court, there is no evidence presented, and no witnesses are heard.
The judges reviews the records from the original trial. If a defendant was found guilty previously through their own admission (admitting in the lower court that they committed an offense), they will be found guilty in circuit court as well.
http://www.civilrights.org/judiciary/courts/appeals.html
Re: Appealing a case to circuit court
Posted by:
Keep in mind
()
Date: June 28, 2015 02:59AM
If you are appealing a small claims case from District Court, you will have to present your case over again. Otherwise, in other situations, the Circuit Court or Court of Special Appeals will make decisions based on the evidence you presented in your original case. With this type of appeal, you will only be able to present legal arguments to justify why you believe you should have won your case. You will not provide evidence again to the court.
Because the appeals process, also known as the appellate process, takes some time and expense, a party should always take the time and re-evaluate his or her case. This is especially true because the appellate process usually involves complex legal arguments, rather than the presentation of evidence. If you handled your own case before, you should consider finding an attorney for the appeal. If you do handle your own appeal, you should expect to devote a significant amount of time to your case because you will have to write the reasons for your appeal based on legal research.
Because the appeals process, also known as the appellate process, takes some time and expense, a party should always take the time and re-evaluate his or her case. This is especially true because the appellate process usually involves complex legal arguments, rather than the presentation of evidence. If you handled your own case before, you should consider finding an attorney for the appeal. If you do handle your own appeal, you should expect to devote a significant amount of time to your case because you will have to write the reasons for your appeal based on legal research.
Re: Appealing a case to circuit court
Posted by:
No chance Charlie
()
Date: June 28, 2015 03:14AM
It is also important to remember, circuit courts only hears important cases; usually felony cases or serious misdemeanors.
It is your right to file an appeal but your case may not always make it to the circuit court to be heard. After filing, you will be given a summons to appear to set a date. This is the process in which the decision is made on whether or not your case will be heard.
If the case is dismissed during this process, the defendant must cut his or her losses and accept their original conviction.
The next best thing besides filing an appeal is to stay out of trouble with the law.
It is your right to file an appeal but your case may not always make it to the circuit court to be heard. After filing, you will be given a summons to appear to set a date. This is the process in which the decision is made on whether or not your case will be heard.
If the case is dismissed during this process, the defendant must cut his or her losses and accept their original conviction.
The next best thing besides filing an appeal is to stay out of trouble with the law.
Re: Appealing a case to circuit court
Posted by:
De Novo
()
Date: June 28, 2015 03:23AM
Generally, when a case is appealed, there must have been a legal or procedural error for the court to change the decision. In other words, the appellate court usually isn't going to disturb decisions that have been made on the facts. Instead, they will look to see whether the law was applied correctly and whether everything was done right. If a jury was given bad instructions, if the judge let evidence in that he shouldn't have, or if something else of that nature went wrong, then the case may be “overturned,” meaning, the original decision will be changed, or it may be remanded, which means it will be sent back to the lower court to look at again with more explanation.
This isn't to say that an appeals court will never look at a case with fresh eyes. When they do, it is called "de novo" review, which means that they look at everything with no eyes and don't pay attention to what the court below did. Usually, only decisions made by judges in certain courts go through a "de novo" appeal, like decisions in small claims court.
This isn't to say that an appeals court will never look at a case with fresh eyes. When they do, it is called "de novo" review, which means that they look at everything with no eyes and don't pay attention to what the court below did. Usually, only decisions made by judges in certain courts go through a "de novo" appeal, like decisions in small claims court.
Re: Appealing a case to circuit court
Posted by:
Sniffen
()
Date: June 28, 2015 03:32AM
In an ideal world, a trial decides justice equitably and fairly in accordance with the law. In most cases, this is exactly what happens, but occasionally, a judge for whatever reason, makes a serious mistake that results in the wrong side winning the case. Appeals are a long process, that can draw out a case by as much as a six months to year from the time of the judgment’s filing to the actual argument date. Keeping this in mind, it is important to consider whether your reasons for appealing are truly valid and compelling or whether it is out of a desire to win.
If the appellant plead guilty or was found guilty by his or her own admission, it won't sit well with the higher court and a guilty verdict will be rendered with the possibility of stiffer penalties.
If the appellant plead guilty or was found guilty by his or her own admission, it won't sit well with the higher court and a guilty verdict will be rendered with the possibility of stiffer penalties.
Re: Appealing a case to circuit court
Posted by:
Le mondé
()
Date: June 28, 2015 03:46AM
A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material error in the trial—not just the fact that the losing party didn’t like the verdict.
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html
Re: Appealing a case to circuit court
Posted by:
ProSe
()
Date: June 28, 2015 04:11AM
I've appealed to circuit court pro se. Cases are heard de novo. Appealing to circuit is a right and cases are heard with witnesses and evidence presented. Appeals to VA Supreme Court is where it is heard by three judges and they decide if case can be appealed.
Re: Appealing a case to circuit court
Posted by:
zombieland
()
Date: June 28, 2015 04:12AM
Eesh wants to appeal his stupidity.
Cary, can you delete this thread so eesh doesn't read this then get smart and withdraw his appeal? Though its very likely that his delusions won't allow him to do so.
Cary, can you delete this thread so eesh doesn't read this then get smart and withdraw his appeal? Though its very likely that his delusions won't allow him to do so.
Re: Appealing a case to circuit court
Posted by:
Bad Bad
()
Date: June 28, 2015 04:28AM
ProSe Wrote:
-------------------------------------------------------
> I've appealed to circuit court pro se. Cases are
> heard de novo. Appealing to circuit is a right
> and cases are heard with witnesses and evidence
> presented. Appeals to VA Supreme Court is where
> it is heard by three judges and they decide if
> case can be appealed.
You probably weren't dumb enough to admit you did something and then went and appealed it. If witnesses can be heard in novo then he is even more screwed than before. That means the Moreno family or anyone who was present could become witnesses and just say they saw and heard him admit in the first hearing that he did post them. Oh dear. This entire thing could spell disastrous for him and utterly amusing for the rest of us!
If nothing about the previous trial can come into play, when he is asked again if he posted them, he can't lie and say he didn't because it would still be considered perjury. He's damned either way. He had no defense then and he has even less of one now.
I doubt since he doesn't have a legitimate reason for the appeal and is only doing it because he lost, it probably won't get heard, but let's pray it does so he can get convicted again!
-------------------------------------------------------
> I've appealed to circuit court pro se. Cases are
> heard de novo. Appealing to circuit is a right
> and cases are heard with witnesses and evidence
> presented. Appeals to VA Supreme Court is where
> it is heard by three judges and they decide if
> case can be appealed.
You probably weren't dumb enough to admit you did something and then went and appealed it. If witnesses can be heard in novo then he is even more screwed than before. That means the Moreno family or anyone who was present could become witnesses and just say they saw and heard him admit in the first hearing that he did post them. Oh dear. This entire thing could spell disastrous for him and utterly amusing for the rest of us!
If nothing about the previous trial can come into play, when he is asked again if he posted them, he can't lie and say he didn't because it would still be considered perjury. He's damned either way. He had no defense then and he has even less of one now.
I doubt since he doesn't have a legitimate reason for the appeal and is only doing it because he lost, it probably won't get heard, but let's pray it does so he can get convicted again!
Re: Appealing a case to circuit court
Posted by:
So appealing
()
Date: June 28, 2015 04:29AM
zombieland Wrote:
-------------------------------------------------------
> Eesh wants to appeal his stupidity.
>
> Cary, can you delete this thread so eesh doesn't
> read this then get smart and withdraw his appeal?
> Though its very likely that his delusions won't
> allow him to do so.
Haha. No, he want him to appeal. It's oh so much funnier this way...
-------------------------------------------------------
> Eesh wants to appeal his stupidity.
>
> Cary, can you delete this thread so eesh doesn't
> read this then get smart and withdraw his appeal?
> Though its very likely that his delusions won't
> allow him to do so.
Haha. No, he want him to appeal. It's oh so much funnier this way...
Re: Appealing a case to circuit court
Posted by:
Hoodrat Legal Team
()
Date: June 28, 2015 05:43AM
Looks like Monique Wells is trying to discourage Eesh from appealing, probably because she's afraid he will be found not guilty. After all, circuit court judges hear murder and rape cases, a misdemeanor "dissemination of images" is a big WTF to someone who has a much better perspective.
Anyway, LOL at the citing Federal Court of Appeals. Eesh's case is going to be heard in a Circuit Court in Virginia.
Monique, worry about your FOUR misdemeanor charges, TWO felony charges in a courthouse that has seen you in and out for years. You have an extensive criminal history, including hitting a police officer.
Anyway, LOL at the citing Federal Court of Appeals. Eesh's case is going to be heard in a Circuit Court in Virginia.
Monique, worry about your FOUR misdemeanor charges, TWO felony charges in a courthouse that has seen you in and out for years. You have an extensive criminal history, including hitting a police officer.
Re: Appealing a case to circuit court
Posted by:
7V
()
Date: June 28, 2015 06:31AM
TROLL ALERT...OP is not stating Virginia Law. Anyone convicted in a Virginia General District court of a criminal misdemeanor or traffic infraction has an absolute right to appeal their conviction to the Circut Court where they will get a new trial. The defendant can elect to have the new trial with or without a jury. The reason for a new trial is the Commonwealth of Virginia doesn't afford a jury trial at the District Court level which some states do but the system passes Constitutional muster with the availability of a jury trial at the Cirtuit Court level. The lower court conviction is vacated and the Commonwealth has to start over again. If the defendant looses in Circuit Court, the penalties can increase from the District Court decision and the court costs are higher. If the defendant has chosen a jury trial on his trial De Novo and he looses, he will have to pay the jurors' expenses which can run to several hundred dollars. Further, if defendant requests a court appointed attorney at the trial De Novo and looses, the attorney's fees are lumped into the court costs which can then exceed $1000. On the other hand, if the jury thinks the case is nonsense, it can find the defendant Not Gulity even if a judge following the law and facts would have to find for guilt. That is called "jury nullification". It doesn't happen often so eesh shouldn't get his hopes up. And it usually takes a pretty slick defense lawyer to pull off jury nullification because it's not something the defense lawyer can ethically call on the jury to do in an open fashion, nor can the pro se (without counsel) defendant openly call for jury nullification. So the defendant or his defense counsel would have to indirectly allude to the nonsensical nature of the charges and hope that the jury disregards its' oath to follow the law and the facts of the case.
Re: Appealing a case to circuit court
Posted by:
7V
()
Date: June 28, 2015 07:11AM
The down side for eesh on selecting a trial de novo with a jury or a judge for that matter, is that the original penalty ( up to 12 months in jail and a $2500 fine, either or both) are back on the table. Further, if eesh pisses off the jury by seeming haughty or makes the jury dislike him in any way (showing too many tattoos) or if they like Megan, they can drop the bomb and recommend a jail sentence which the judge will usually impose because the defendant asked for the jury and has to live with the jury's finding. You want it...You got it..Toyota.
Re: Appealing a case to circuit court
Posted by:
Juror #2
()
Date: June 28, 2015 07:41AM
7V Wrote:
-------------------------------------------------------
> Further, if eesh pisses off the jury by
> seeming haughty or makes the jury dislike him in
> any way (showing too many tattoos)
Does eesh have face or neck tattoos?
-------------------------------------------------------
> Further, if eesh pisses off the jury by
> seeming haughty or makes the jury dislike him in
> any way (showing too many tattoos)
Does eesh have face or neck tattoos?
Re: Appealing a case to circuit court
Posted by:
Leagel Eagel.
()
Date: June 28, 2015 08:31AM
Here's the problem: under oath, eesh admitted on the witness stand that he had posted the pictures of Megan Toohey.
That means he can't take the stand in his Circuit Court trial and say he *didn't* post the pictures, both because it would be perjury and because his prior testimony *will* be used to impeach him.
Perjury is no joke in Virginia, it's a Class 5 felony, and punishable by up to 1 to 10 years in prison.
Further, considering how magnificently he bungled his performance in General District Court, where the judge will often do some handholding for a clueless pro se defendant, eesh is an absolute fucking fool if he shows up in Circuit Court without an attorney, because in Circuit Court you're expected to know both the law and the rules of court. A Circuit Court judge will figuratively bitch slap the shit out you, and hard, if you don't.
That means he can't take the stand in his Circuit Court trial and say he *didn't* post the pictures, both because it would be perjury and because his prior testimony *will* be used to impeach him.
Perjury is no joke in Virginia, it's a Class 5 felony, and punishable by up to 1 to 10 years in prison.
Further, considering how magnificently he bungled his performance in General District Court, where the judge will often do some handholding for a clueless pro se defendant, eesh is an absolute fucking fool if he shows up in Circuit Court without an attorney, because in Circuit Court you're expected to know both the law and the rules of court. A Circuit Court judge will figuratively bitch slap the shit out you, and hard, if you don't.
Re: Appealing a case to circuit court
Posted by:
Mike O'Meara Show Fag
()
Date: June 28, 2015 08:57AM
Eesh, please consult with a lawyer. If you can't afford a lawyer, please; just drop it.
Re: Appealing a case to circuit court
Posted by:
.....
()
Date: June 28, 2015 09:24AM
Eesh, you just fucked up by not being prepared. You need to rehearse your case until you sound like a lawyer. Your a smart guy. This is your second chance. Study more law. I would also consider looking into the judge's background to see if i could find a reason for her bias in this case. I have faith in you. There is no reason for these people to keep trying to set you up. It will boomerang on them if your persistent. They have been blatant in their abuse of the system. After this is over, I would consider suing team miz for harassment and slander/libel. It might take a while to get money from Lizzie, but she will inherent the family buisness one day and you collect then. Miz's family is filthy rich, so collecting from them wouldn't be a problem. You'll be OK eesh. You always come out on top.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:18PM
Hoodrat Legal Team Wrote:
-------------------------------------------------------
> Looks like Monique Wells is trying to discourage
> Eesh from appealing, probably because she's afraid
> he will be found not guilty. After all, circuit
> court judges hear murder and rape cases, a
> misdemeanor "dissemination of images" is a big WTF
> to someone who has a much better perspective.
LMAO! THIS is hilarious! I'm quite happy he appealed. Seeing as how I was there when the prosecution told Megan about how he ran upstairs and appealed it and what would ended up happening I am throughly amused once more. Especially since he's paying for what he's done. Literally PAYING, LMAO. In so many ways. Paying for Miz. Going to have to pay for Megan now. Oh this shit is too damn great! I love it. I'm totally afraid he will be found not guilty after already admitting he did it. Yes (that was sarcasm).
>
> Monique, worry about your FOUR misdemeanor
> charges, TWO felony charges in a courthouse that
> has seen you in and out for years. You have an
> extensive criminal history, including hitting a
> police officer.
LOL @ "worry" no sorry. I'm not worried. Why would I worry about six false charges that I was already able to prove to the magistrates who let me out each and every time when I explained to them what was really going on? Why would i worry when I've already gone to court and spoken to the prosecution and also let them know what was really going on? Truly innocent people don't have to worry. Truly innocent people don't go and call random people that they don't know and have them have someone falsely arrested for their testimony. I really don't need to repeat for the 56th time on what happened and why I'm not worried.
And yes. I sure have been in and out of that court and isn't it weird, with them knowing my history that they still found no proof that I was a threat to anyone? Oops. So sad. I was able to prove my innocence multiple times. Hence not being in jail. Fortunately for me, seeing as how I have been in court so many times I know how it works and how is going to go. Unlike some dumbass idiot who represents himself, admits to it and court and then gets found guilty, and has to go appeal because that little charge will ruin his already ruined and pointless life, LMAO!
I literally predicted how the case with Miz was going to go, almost verbatim to what the judge herself said. You think I don't know how my own cases are going to go after speaking to the commonwealth and showing them all the proof and evidence of how my arrests were malicious? Yeah yall. Eesh got arrested and I just decided after not getting into any trouble for three months to just go get arrested three times in the same week right after him. LMAO...okaaaaaaaaay. Been walking past that place for three months and never had any issues with that girl until the very day after. You're stupid as fuck if you think I should be worried.
Also what second felony do I have? I love coming here and finding out about stuff about me that I didn't even know. Like that I supposedly have federal charges that I've never heard of. That I'm somehow a fugitive and still haven't been captured. That I died, was arrested again. Damn if I'm so busy idk how I have so much time to post here 25/8. Oh yeah and I thought I was wanted in York or something? I also thought I was supposed to be getting all these guilty verdicts last week and going to jail? It's so funny how eesh is always wrong about everything and always feels the need to lie on me. I've never had to lie on him though, just speaking the truth about him is worse than any lie he could ever come up with.
Now tell me again why I should be worried? LOL!
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> Looks like Monique Wells is trying to discourage
> Eesh from appealing, probably because she's afraid
> he will be found not guilty. After all, circuit
> court judges hear murder and rape cases, a
> misdemeanor "dissemination of images" is a big WTF
> to someone who has a much better perspective.
LMAO! THIS is hilarious! I'm quite happy he appealed. Seeing as how I was there when the prosecution told Megan about how he ran upstairs and appealed it and what would ended up happening I am throughly amused once more. Especially since he's paying for what he's done. Literally PAYING, LMAO. In so many ways. Paying for Miz. Going to have to pay for Megan now. Oh this shit is too damn great! I love it. I'm totally afraid he will be found not guilty after already admitting he did it. Yes (that was sarcasm).
>
> Monique, worry about your FOUR misdemeanor
> charges, TWO felony charges in a courthouse that
> has seen you in and out for years. You have an
> extensive criminal history, including hitting a
> police officer.
LOL @ "worry" no sorry. I'm not worried. Why would I worry about six false charges that I was already able to prove to the magistrates who let me out each and every time when I explained to them what was really going on? Why would i worry when I've already gone to court and spoken to the prosecution and also let them know what was really going on? Truly innocent people don't have to worry. Truly innocent people don't go and call random people that they don't know and have them have someone falsely arrested for their testimony. I really don't need to repeat for the 56th time on what happened and why I'm not worried.
And yes. I sure have been in and out of that court and isn't it weird, with them knowing my history that they still found no proof that I was a threat to anyone? Oops. So sad. I was able to prove my innocence multiple times. Hence not being in jail. Fortunately for me, seeing as how I have been in court so many times I know how it works and how is going to go. Unlike some dumbass idiot who represents himself, admits to it and court and then gets found guilty, and has to go appeal because that little charge will ruin his already ruined and pointless life, LMAO!
I literally predicted how the case with Miz was going to go, almost verbatim to what the judge herself said. You think I don't know how my own cases are going to go after speaking to the commonwealth and showing them all the proof and evidence of how my arrests were malicious? Yeah yall. Eesh got arrested and I just decided after not getting into any trouble for three months to just go get arrested three times in the same week right after him. LMAO...okaaaaaaaaay. Been walking past that place for three months and never had any issues with that girl until the very day after. You're stupid as fuck if you think I should be worried.
Also what second felony do I have? I love coming here and finding out about stuff about me that I didn't even know. Like that I supposedly have federal charges that I've never heard of. That I'm somehow a fugitive and still haven't been captured. That I died, was arrested again. Damn if I'm so busy idk how I have so much time to post here 25/8. Oh yeah and I thought I was wanted in York or something? I also thought I was supposed to be getting all these guilty verdicts last week and going to jail? It's so funny how eesh is always wrong about everything and always feels the need to lie on me. I've never had to lie on him though, just speaking the truth about him is worse than any lie he could ever come up with.
Now tell me again why I should be worried? LOL!
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:34PM
You see...there is this thing out there called karma. I have been watching karma in action a lot recently. I have never done anything to eesh and yet he's done so much to me and my family for no reason.I forgave him many times for the shit he did. I did not ask him to admit that he had miz falsely arrested or tried to have him killed by police. I'm sorry but I'm not that evil nor criminal minded and lacking of a conscious that I would just sit back with that knowledge and go about my life. I knew I had to do the right thing and I knew I would have hell to pay as a result. And if getting attempted arrested the first time and falsely arrested multiple times the second time is the price I have to pay to do the right thing then so be it. I know I'm innocent and so do the courts. Eesh and that girl rejoiced in having me arrested but I am now the one to rejoice knowing what's about to happen to them in the legal system as a result. We wanna talk about federal charges? Yeah buddy. You can't get away with doing wrong and evil shit to people. He wishes and hopes all these horrible things happen to me, for what? I didn't do shit to him. Oh, but I am now. And at least I'm civilized enough to go the legal route and not do anything illegal to him as he's done to me multiple times. Now tell me how crazy, dangerous and unstable and how I'm such a criminal by being patient and trusting in the justice system to do what it was designed to do.
So far its working. I'm not in jail and the actual criminal was found guilty the other day.
:)
I have everything you said I wouldn't, HA!
#stillwinning
So far its working. I'm not in jail and the actual criminal was found guilty the other day.
:)
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:38PM
Mike O'Meara Show Fag Wrote:
-------------------------------------------------------
> Eesh, please consult with a lawyer. If you can't
> afford a lawyer, please; just drop it.
No please. He doesn't need to consult anyone. He needs to save what little money he has left and keep googling irreverent terms to use in court and just represent himself again. Saw how great that worked out for him LOL!
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> Eesh, please consult with a lawyer. If you can't
> afford a lawyer, please; just drop it.
No please. He doesn't need to consult anyone. He needs to save what little money he has left and keep googling irreverent terms to use in court and just represent himself again. Saw how great that worked out for him LOL!
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:39PM
Leagel Eagel. Wrote:
-------------------------------------------------------
> Here's the problem: under oath, eesh admitted on
> the witness stand that he had posted the pictures
> of Megan Toohey.
>
> That means he can't take the stand in his Circuit
> Court trial and say he *didn't* post the pictures,
> both because it would be perjury and because his
> prior testimony *will* be used to impeach him.
>
> Perjury is no joke in Virginia, it's a Class 5
> felony, and punishable by up to 1 to 10 years in
> prison.
>
> Further, considering how magnificently he bungled
> his performance in General District Court, where
> the judge will often do some handholding for a
> clueless pro se defendant, eesh is an absolute
> fucking fool if he shows up in Circuit Court
> without an attorney, because in Circuit Court
> you're expected to know both the law and the rules
> of court. A Circuit Court judge will figuratively
> bitch slap the shit out you, and hard, if you
> don't.
HAAAHAHA! I LOVE IT! :)
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> Here's the problem: under oath, eesh admitted on
> the witness stand that he had posted the pictures
> of Megan Toohey.
>
> That means he can't take the stand in his Circuit
> Court trial and say he *didn't* post the pictures,
> both because it would be perjury and because his
> prior testimony *will* be used to impeach him.
>
> Perjury is no joke in Virginia, it's a Class 5
> felony, and punishable by up to 1 to 10 years in
> prison.
>
> Further, considering how magnificently he bungled
> his performance in General District Court, where
> the judge will often do some handholding for a
> clueless pro se defendant, eesh is an absolute
> fucking fool if he shows up in Circuit Court
> without an attorney, because in Circuit Court
> you're expected to know both the law and the rules
> of court. A Circuit Court judge will figuratively
> bitch slap the shit out you, and hard, if you
> don't.
HAAAHAHA! I LOVE IT! :)
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:43PM
7V Wrote:
-------------------------------------------------------
> The down side for eesh on selecting a trial de
> novo with a jury or a judge for that matter, is
> that the original penalty ( up to 12 months in
> jail and a $2500 fine, either or both) are back on
> the table. Further, if eesh pisses off the jury by
> seeming haughty or makes the jury dislike him in
> any way (showing too many tattoos) or if they like
> Megan, they can drop the bomb and recommend a jail
> sentence which the judge will usually impose
> because the defendant asked for the jury and has
> to live with the jury's finding. You want it...You
> got it..Toyota.
That's great. Megan was found creditable by the judge over eesh. Just like I was. See, it doesn't matter what you've done in your past. Courts are not biased. They go on facts and on who is lying and who's not.
Remember, eesh said my accuser is "so discredbitable" and now thanks to him she's even more
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> The down side for eesh on selecting a trial de
> novo with a jury or a judge for that matter, is
> that the original penalty ( up to 12 months in
> jail and a $2500 fine, either or both) are back on
> the table. Further, if eesh pisses off the jury by
> seeming haughty or makes the jury dislike him in
> any way (showing too many tattoos) or if they like
> Megan, they can drop the bomb and recommend a jail
> sentence which the judge will usually impose
> because the defendant asked for the jury and has
> to live with the jury's finding. You want it...You
> got it..Toyota.
That's great. Megan was found creditable by the judge over eesh. Just like I was. See, it doesn't matter what you've done in your past. Courts are not biased. They go on facts and on who is lying and who's not.
Remember, eesh said my accuser is "so discredbitable" and now thanks to him she's even more
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:44PM
Juror #2 Wrote:
-------------------------------------------------------
> 7V Wrote:
> --------------------------------------------------
> -----
> > Further, if eesh pisses off the jury by
> > seeming haughty or makes the jury dislike him
> in
> > any way (showing too many tattoos)
>
>
>
> Does eesh have face or neck tattoos?
You'd have to have a neck for that.
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> 7V Wrote:
> --------------------------------------------------
> -----
> > Further, if eesh pisses off the jury by
> > seeming haughty or makes the jury dislike him
> in
> > any way (showing too many tattoos)
>
>
>
> Does eesh have face or neck tattoos?
You'd have to have a neck for that.
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:46PM
..... Wrote:
-------------------------------------------------------
Your a smart guy.
LOLOLOLOLOLOL I'm done! That was too much!
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
Your a smart guy.
LOLOLOLOLOLOL I'm done! That was too much!
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 12:54PM
Wait, I'm not done. Remember this:
DO UNTO OTHERS...motherfucker!
I have everything you said I wouldn't, HA!
#stillwinning
DO UNTO OTHERS...motherfucker!
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
not perry mason
()
Date: June 28, 2015 01:02PM
Lots of bad information here which has mostly been corrected.
This should be an easy case to win if eesh had almost any decent attorney. The burden of proof is on the prosecution and they need to prove a lot. They probably don't have sufficient evidence, particularly without subpoena of the website logs and records and/or the site owner. First they would need to prove the photos are actually of Megan. Lots of nasty snatches look alike and without an expert witness or basis for comparison that fat hairy cooter could belong to anyone. The Commonwealth must show that Michael Basl actually posted the photos, etc., etc.
Where did the photos come from? Who took them? How do we know the identity of the subject in the photos? How did Michael Basl get them? How can you prove Basl was the one who posted them? Can these photos be readily found elsewhere, etc.
Sorry I don't practice criminal law or I would offer to help. He could try the public defender or try to network in Richmond to see if anyone will take the case as a courtesy.
This should be an easy case to win if eesh had almost any decent attorney. The burden of proof is on the prosecution and they need to prove a lot. They probably don't have sufficient evidence, particularly without subpoena of the website logs and records and/or the site owner. First they would need to prove the photos are actually of Megan. Lots of nasty snatches look alike and without an expert witness or basis for comparison that fat hairy cooter could belong to anyone. The Commonwealth must show that Michael Basl actually posted the photos, etc., etc.
Where did the photos come from? Who took them? How do we know the identity of the subject in the photos? How did Michael Basl get them? How can you prove Basl was the one who posted them? Can these photos be readily found elsewhere, etc.
Sorry I don't practice criminal law or I would offer to help. He could try the public defender or try to network in Richmond to see if anyone will take the case as a courtesy.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 01:04PM
He already admitted it in court. He admitted he is eesh. There are court transcripts, sweetie.
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 01:06PM
Also, the pics are of the ones where Megan herself was shown. its not the pics you're thinking of..but anyway this entire thing has been LOL funny and its about to get so much funnier for everyone but him!
Stay tuned!
I have everything you said I wouldn't, HA!
#stillwinning
Stay tuned!
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 01:14PM
Oh I forgot to add in the part about me and how I should be worried about my six false charges that.after I explained to the last magistrate about who Michael Basl in relation to that girl and showed them all his messages about how he called her the same day he found out I was a witness against him, how her fiance messages me the very day of the trial, how he made the blatant statement that he couldn't wait to help her get me locked up and her messages of how he said I lived in Richmond, was they told me they would no longer be issuing warrants for that girl. I wonder why that is LOL! I wonder why all of the calls she's made to the police she made after that have resulted in "NOTHING HAPPENING" I wonder oh I wonder what it was about that name that.suddenly stopped everything...hmmmm..WONDER....
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 01:16PM
Oh and I also wonder what happened to him "being a witness for her and facing a face to face meeting with her lawyer" LMAOOOOO delusional.skitzo retarded lying sack of shit.
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 01:17PM
Megynlynn Wrote:
-------------------------------------------------------
> http://www.fairfaxunderground.com/forum/read/40/17
> 38755/1738856.html#msg-1738856
Hahaha! Got em! Megan I'll let you take over from here lol
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> http://www.fairfaxunderground.com/forum/read/40/17
> 38755/1738856.html#msg-1738856
Hahaha! Got em! Megan I'll let you take over from here lol
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
Megynlynn
()
Date: June 28, 2015 01:19PM
I have nothing to say. The evidence speaks for itself and logs can be subpoena if necessary from all 4 images posted 5 times. I guess we'll have to wait until until sept. Jury nullification by the way is the theory of "no victim, no crime" there was a victim and hence that isn't really the way it works.
Re: Appealing a case to circuit court
Posted by:
not perry mason
()
Date: June 28, 2015 01:27PM
lizzie Wrote:
-------------------------------------------------------
> Also, the pics are of the ones where Megan herself
> was shown. its not the pics you're thinking
> of..but anyway this entire thing has been LOL
> funny and its about to get so much funnier for
> everyone but him!
>
> Stay tuned!
>-I seriously can't believe how obsessed with me some of you are! LOL!
>#stillwinning
>#FOUNDGUILTY6/24
Ah, I was thinking of the fat hairy cooter pics. Even if her face was shown, many of the same points apply. He really needs proper representation. At this point it probably means a new trial, but he should prevail.
It is funny, in a way, but he needs to get serious. I'm not obsessed with you or anyone involved for that matter. It sounds like you are more obsessed with yourself than anyone else is. It also looks like you are obsessed with eesh. You two should consider getting back together.
-------------------------------------------------------
> Also, the pics are of the ones where Megan herself
> was shown. its not the pics you're thinking
> of..but anyway this entire thing has been LOL
> funny and its about to get so much funnier for
> everyone but him!
>
> Stay tuned!
>-I seriously can't believe how obsessed with me some of you are! LOL!
>#stillwinning
>#FOUNDGUILTY6/24
Ah, I was thinking of the fat hairy cooter pics. Even if her face was shown, many of the same points apply. He really needs proper representation. At this point it probably means a new trial, but he should prevail.
It is funny, in a way, but he needs to get serious. I'm not obsessed with you or anyone involved for that matter. It sounds like you are more obsessed with yourself than anyone else is. It also looks like you are obsessed with eesh. You two should consider getting back together.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 01:34PM
Yer funnie.
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
Shit House Lawyer
()
Date: June 28, 2015 01:48PM
I don't practice law, but I did sleep at a Holiday Inn last night.
Re: Appealing a case to circuit court
Posted by:
Perry Mason
()
Date: June 28, 2015 02:22PM
He admitted to being eesh and to posting the pictures on the stand. His appeal has zero chance of success.
Re: Appealing a case to circuit court
Posted by:
Potential Witness
()
Date: June 28, 2015 03:01PM
The Washington Post reporter also heard him admit to posting the pictures. The odds are stacked against him tremendously. Not even a lawyer will be able to help him after he admitted to it previously.
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 03:36PM
Beg to differ. If eesh gets a slick defense lawyer who puts the "victim" on trial, he could still beat the rap. But that kind of attorney would probably cost at least $10,000. A Court appointed attorney probably wouldn't risk pissing off the judge by really putting the wood to the victim. For example, if it could be shown that the victim posted the photos first, then eesh posted the photos, the jury might not care if the victim is mad about the reposting. It could still be a not guilty, not withstanding the law or eesh's statement. That kind of defense is not cheap.
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 03:48PM
Also, don't forget Megan was trolled pretty hard to even get the charges out on eesh. I read all of the posts telling her to either get charges out against eesh or STFU. It could be argued that she was goaded into filling charges in the first place. The slick attorney could suggest that, "she knew she was wrong posting those photos but after she was shamed into it, she relented and finally got the charges out". I'm not suggesting that's true but slick maggot lawyers will do anything to get their clients off. That would be why you spend the money.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 03:52PM
You should probably.go back.and reread the original thread where she warned whomever beforehand that if they were posted she would go to the police and did, several times. She only had luck in Henrico because they.hate.his guts there. Nice try.though...and excuse my typing..this tiny phone is a pain.
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
v7
()
Date: June 28, 2015 03:58PM
Re: Appealing a case to circuit court
Posted by: 7v ()
Date: June 28, 2015 03:48PM
Also, don't forget Megan was trolled pretty hard to even get the charges out on eesh. I read all of the posts telling her to either get charges out against eesh or STFU. It could be argued that she was goaded into filling charges in the first place. The slick attorney could suggest that, "she knew she was wrong posting those photos but after she was shamed into it, she relented and finally got the charges out". I'm not suggesting that's true but slick maggot lawyers will do anything to get their clients off. That would be why you spend the money.
He can't spend what he doesn't have. If he couldn't afford $2,000 for a decent trial lawyer how can he afford over $10,000 for a good appeals attorney? He created very significant legal hurdles for an attorney trying to appeal - odds are greatly stacked against him.
Perhaps he should drastically change his behavior and quit putting himself in these dumb situations. He is a "victim" of his own stupid behavior. Stupid is as stupid does.
Posted by: 7v ()
Date: June 28, 2015 03:48PM
Also, don't forget Megan was trolled pretty hard to even get the charges out on eesh. I read all of the posts telling her to either get charges out against eesh or STFU. It could be argued that she was goaded into filling charges in the first place. The slick attorney could suggest that, "she knew she was wrong posting those photos but after she was shamed into it, she relented and finally got the charges out". I'm not suggesting that's true but slick maggot lawyers will do anything to get their clients off. That would be why you spend the money.
He can't spend what he doesn't have. If he couldn't afford $2,000 for a decent trial lawyer how can he afford over $10,000 for a good appeals attorney? He created very significant legal hurdles for an attorney trying to appeal - odds are greatly stacked against him.
Perhaps he should drastically change his behavior and quit putting himself in these dumb situations. He is a "victim" of his own stupid behavior. Stupid is as stupid does.
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 04:01PM
Live by the sword...Die by the sword. Live on the Internet...Die on the Internet. There's plenty of ammo for an unscrupulous attorney to put the wood to the victim in this case, in my opinion. But it will only work if it's a jury trial. In my opinion, a judge would ignore the victim's responsibility, if any, and convict eesh on his inculpatory statements and the law that doesn't care about reposting.
Re: Appealing a case to circuit court
Posted by:
Megynlynn
()
Date: June 28, 2015 04:12PM
It clearly shows the photos were posted by an imposter account and never legally uploaded by anyone in the dmca takedown. That I posted them first was bought up and debunked in court and I already did testify and my crimes of moral turpitude were told to the judge by the ca and I was found credible. That argument is invalid.
There is no way to claim I deserved this in any way.
There is no way to claim I deserved this in any way.
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 04:24PM
I'm not taking sides. Clearly, in my opinion, from the law and the evidence, eesh is guilty. All I'm saying is once a case goes to a jury...nothing is 100%. Wasn't the Rodney King beating by the LA cops caught on video?? ON VIDEO!! The verdict was Not Guilty even though the jurors saw a video of King getting his ass kicked. Never count your chickens before they hatch. Juries notoriously come up with some wild verdicts is all I'm saying.
Re: Appealing a case to circuit court
Posted by:
not impossible
()
Date: June 28, 2015 04:26PM
I don't see the argument as completely invalid, except that eesh doesn't have the funds for that kind of defense. He is already paying for a civil suit lawyer and then the rumor (I say rumor because he hasn't yet been charged with tampering) of the next charges.
Lawyers got OJ off the hook. And everyone knew he did it. But that cost him millions. And OJ's antics also eventually caught up on him. He's been caged for a while for armed robbery.
Lawyers got OJ off the hook. And everyone knew he did it. But that cost him millions. And OJ's antics also eventually caught up on him. He's been caged for a while for armed robbery.
Re: Appealing a case to circuit court
Posted by:
Megynlynn
()
Date: June 28, 2015 04:28PM
Knowingly disseminating and clearly established without consent a woman's nudes who has PTSD and a history of being sexually abused who is a single mother while she was going through a divorce. I am sure a jury of peers will love that and that he made the victim relive the story twice on the stand too. To me it's pure evil but again that's my opinion. It will be up to our peers I guess.
Edited 2 time(s). Last edit at 06/28/2015 04:29PM by Megynlynn.
Edited 2 time(s). Last edit at 06/28/2015 04:29PM by Megynlynn.
Re: Appealing a case to circuit court
Posted by:
v7
()
Date: June 28, 2015 04:31PM
Re: Appealing a case to circuit court
Posted by: 7v ()
Date: June 28, 2015 04:24PM
I'm not taking sides. Clearly, in my opinion, from the law and the evidence, eesh is guilty. All I'm saying is once a case goes to a jury...nothing is 100%. Wasn't the Rodney King beating by the LA cops caught on video?? ON VIDEO!! The verdict was Not Guilty even though the jurors saw a video of King getting his ass kicked. Never count your chickens before they hatch. Juries notoriously come up with some wild verdicts is all I'm saying.
Most verdicts that are appealed don't get retried. You have to cite case law and error in the first trial to get another trial. Admissions of guilt made by the defendant on the stand under oath make that virtually impossible to do.
Posted by: 7v ()
Date: June 28, 2015 04:24PM
I'm not taking sides. Clearly, in my opinion, from the law and the evidence, eesh is guilty. All I'm saying is once a case goes to a jury...nothing is 100%. Wasn't the Rodney King beating by the LA cops caught on video?? ON VIDEO!! The verdict was Not Guilty even though the jurors saw a video of King getting his ass kicked. Never count your chickens before they hatch. Juries notoriously come up with some wild verdicts is all I'm saying.
Most verdicts that are appealed don't get retried. You have to cite case law and error in the first trial to get another trial. Admissions of guilt made by the defendant on the stand under oath make that virtually impossible to do.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 04:32PM
Exactly lol
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 04:36PM
Megan, You were clearly wronged, in my opinion, and eesh will never come up with the cash to hire a gut bucket attorney. If he tries to make the argument I've outlined above when representing himself , in my opinion, he would really make the jury mad. They would think he was bullying you again and, in my opinion, they would give him the maximum penalty. Much to the glee of many forum posters, I might add.
Re: Appealing a case to circuit court
Posted by:
grgtect
()
Date: June 28, 2015 04:36PM
That's why they call it gaining the jury's sympathy. Though it could easily backfire and make them hate him. But eesh doesn't have the money. And if he did, it would still be an uphill climb.
I really want him to appeal and get slammed. Max sentence, none suspended. He has earned it.
Then some of the inactive interesting posters could return till the next stalker appears.
I really want him to appeal and get slammed. Max sentence, none suspended. He has earned it.
Then some of the inactive interesting posters could return till the next stalker appears.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 04:40PM
LOL..how would he gain.sympathy? Maybe he can.show the jury that pic he sent me of how he said he looked like Megan and say he is jealous of her and wants to be her and compare his story to Bruce Jenner or something?
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 04:50PM
v7, you obviously don't know Virginia law. Look up "trial de novo". It's a NEW TRIAL. Everyone starts out as if the first trial never existed, unless a witness changes his/her testimony under oath, then they can be impeached with their prior inconsistant testimony. But you still can't mention the existence of the first trial. One could ask the witness if in "another proceeding" did they testify differently under oath. Then either introduce the prior inconsistent testimony through a verbatim transcript or by a witness who saw the party testify differently. But it's a no no to mention the prior conviction. Could cause a mis-trial.
Re: Appealing a case to circuit court
Posted by:
Leagel Eagel.
()
Date: June 28, 2015 05:02PM
7v Wrote:
-------------------------------------------------------
> Beg to differ. If eesh gets a slick defense lawyer
> who puts the "victim" on trial, he could still
> beat the rap. But that kind of attorney would
> probably cost at least $10,000. A Court appointed
> attorney probably wouldn't risk pissing off the
> judge by really putting the wood to the victim.
> For example, if it could be shown that the victim
> posted the photos first, then eesh posted the
> photos, the jury might not care if the victim is
> mad about the reposting. It could still be a not
> guilty, not withstanding the law or eesh's
> statement. That kind of defense is not cheap.
The elements of the crime are:
1) A person must disseminate a videographic or still image of another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast.
2) The person must know, or have reason to know, he is not licensed or authorized to disseminate the image.
3) The person must have disseminated the image maliciously, with the intent to coerce, harass, or intimidate the victim.
The problem with your theory is that the law, as written, makes no distinction as to the *source* of the photographs. See https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-386.2
While eesh's attorney *might* raise the point that the photos were initially posted by Megan herself, the CA will *immediately* object to this as not relevant.
I'd also bet any amount of money that the CA will ask the judge to instruct the jury that they are not allowed to consider the origin of the photos in their deliberations.
-------------------------------------------------------
> Beg to differ. If eesh gets a slick defense lawyer
> who puts the "victim" on trial, he could still
> beat the rap. But that kind of attorney would
> probably cost at least $10,000. A Court appointed
> attorney probably wouldn't risk pissing off the
> judge by really putting the wood to the victim.
> For example, if it could be shown that the victim
> posted the photos first, then eesh posted the
> photos, the jury might not care if the victim is
> mad about the reposting. It could still be a not
> guilty, not withstanding the law or eesh's
> statement. That kind of defense is not cheap.
The elements of the crime are:
1) A person must disseminate a videographic or still image of another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast.
2) The person must know, or have reason to know, he is not licensed or authorized to disseminate the image.
3) The person must have disseminated the image maliciously, with the intent to coerce, harass, or intimidate the victim.
The problem with your theory is that the law, as written, makes no distinction as to the *source* of the photographs. See https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-386.2
While eesh's attorney *might* raise the point that the photos were initially posted by Megan herself, the CA will *immediately* object to this as not relevant.
I'd also bet any amount of money that the CA will ask the judge to instruct the jury that they are not allowed to consider the origin of the photos in their deliberations.
Re: Appealing a case to circuit court
Posted by:
filing motion lotion
()
Date: June 28, 2015 05:03PM
7v, but they could ask if he ever admitted to sending the pictures. They don't even have to ask if it was in court. He won't lie because its printed in transcript. Perjury is often tough to prove, but not when transcript is existing.
I don't think he'll lie anyhow. He didn't say last week that he didn't send them. And I don't believe he would have faced a perjury charge if he was caught lying then.
I don't think he'll lie anyhow. He didn't say last week that he didn't send them. And I don't believe he would have faced a perjury charge if he was caught lying then.
Re: Appealing a case to circuit court
Posted by:
Legal Eagal
()
Date: June 28, 2015 05:39PM
You can't unring the bell. Even if the judge instructs the jury to disregard what eesh or his lawyer asked...the jury still heard it and might disregard what the judge instructs. The jury does what it will, with or without instructions from the judge. Best of luck to Meghan, you have been forewarned what to expect from a really good lawyer, a word to the wise is sufficent. Best of luck to eesh, you are a complete dumbass if you represent yourself. Best of luck to Lizzie, #stillwinning and #notguilty. Best of luck to Miz's family who are completely innocent and the real victims, especially Miz's sister who was brutally assaulted on this site. With that a good night!
Re: Appealing a case to circuit court
Posted by:
7v
()
Date: June 28, 2015 05:41PM
Sorry Legal Eagal, The above post was by me 7v. Not you.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 28, 2015 05:48PM
Legal Eagal Wrote:
-------------------------------------------------------
> You can't unring the bell. Even if the judge
> instructs the jury to disregard what eesh or his
> lawyer asked...the jury still heard it and might
> disregard what the judge instructs. The jury does
> what it will, with or without instructions from
> the judge. Best of luck to Meghan, you have been
> forewarned what to expect from a really good
> lawyer, a word to the wise is sufficent. Best of
> luck to eesh, you are a complete dumbass if you
> represent yourself. Best of luck to Lizzie,
> #stillwinning and #notguilty. Best of luck to
> Miz's family who are completely innocent and the
> real victims, especially Miz's sister who was
> brutally assaulted on this site. With that a good
> night!
You're cool. Thanks.
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> You can't unring the bell. Even if the judge
> instructs the jury to disregard what eesh or his
> lawyer asked...the jury still heard it and might
> disregard what the judge instructs. The jury does
> what it will, with or without instructions from
> the judge. Best of luck to Meghan, you have been
> forewarned what to expect from a really good
> lawyer, a word to the wise is sufficent. Best of
> luck to eesh, you are a complete dumbass if you
> represent yourself. Best of luck to Lizzie,
> #stillwinning and #notguilty. Best of luck to
> Miz's family who are completely innocent and the
> real victims, especially Miz's sister who was
> brutally assaulted on this site. With that a good
> night!
You're cool. Thanks.
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
GDC not court of record
()
Date: June 28, 2015 10:25PM
Leagel Eagel. Wrote:
-------------------------------------------------------
> Here's the problem: under oath, eesh admitted on
> the witness stand that he had posted the pictures
> of Megan Toohey.
>
> That means he can't take the stand in his Circuit
> Court trial and say he *didn't* post the pictures,
> both because it would be perjury and because his
> prior testimony *will* be used to impeach him.
>
> Perjury is no joke in Virginia, it's a Class 5
> felony, and punishable by up to 1 to 10 years in
> prison.
>
> Further, considering how magnificently he bungled
> his performance in General District Court, where
> the judge will often do some handholding for a
> clueless pro se defendant, eesh is an absolute
> fucking fool if he shows up in Circuit Court
> without an attorney, because in Circuit Court
> you're expected to know both the law and the rules
> of court. A Circuit Court judge will figuratively
> bitch slap the shit out you, and hard, if you
> don't.
The General District Court is not a court of record, and usually Court Reporters are not present, meaning no transcripts. From what I understand, unless the testimony was recorded (or a Court Reporter was specifically requested by the Prosecutors), there wouldn't be a clean way of bringing the GDC testimony to the Circuit Court.
Question to Lizzie or Megan: Was a Court Reporter present? Or was Eesh's testimony recorded? This would be central to determining if Eesh's appeal is truly hopeless or if it is indeed a new ball game...
-------------------------------------------------------
> Here's the problem: under oath, eesh admitted on
> the witness stand that he had posted the pictures
> of Megan Toohey.
>
> That means he can't take the stand in his Circuit
> Court trial and say he *didn't* post the pictures,
> both because it would be perjury and because his
> prior testimony *will* be used to impeach him.
>
> Perjury is no joke in Virginia, it's a Class 5
> felony, and punishable by up to 1 to 10 years in
> prison.
>
> Further, considering how magnificently he bungled
> his performance in General District Court, where
> the judge will often do some handholding for a
> clueless pro se defendant, eesh is an absolute
> fucking fool if he shows up in Circuit Court
> without an attorney, because in Circuit Court
> you're expected to know both the law and the rules
> of court. A Circuit Court judge will figuratively
> bitch slap the shit out you, and hard, if you
> don't.
The General District Court is not a court of record, and usually Court Reporters are not present, meaning no transcripts. From what I understand, unless the testimony was recorded (or a Court Reporter was specifically requested by the Prosecutors), there wouldn't be a clean way of bringing the GDC testimony to the Circuit Court.
Question to Lizzie or Megan: Was a Court Reporter present? Or was Eesh's testimony recorded? This would be central to determining if Eesh's appeal is truly hopeless or if it is indeed a new ball game...
Re: Appealing a case to circuit court
Posted by:
WDS
()
Date: June 28, 2015 10:35PM
Eesh should not have testified in the District Court trial. In my opinion he should not testify in the appeal either. Unless the Miz family hired a Court Reporter, the Commonwealth will have a difficult time proving its case. Eesh has a very good chance to prevail on appeal. Provided he retains counsel.
Re: Appealing a case to circuit court
Posted by:
Megynlynn
()
Date: June 28, 2015 10:57PM
Cary will be under subpoena. That may make it more troublesome in general to avoid the act of the crime, just a thought to consider.
Edited 1 time(s). Last edit at 06/28/2015 10:58PM by Megynlynn.
Edited 1 time(s). Last edit at 06/28/2015 10:58PM by Megynlynn.
Re: Appealing a case to circuit court
Posted by:
Translation
()
Date: June 28, 2015 11:01PM
Megynlynn Wrote:
-------------------------------------------------------
> Cary will be under subpoena. That may make it more
> troublesome in general to avoid the act of the
> crime, just a thought to consider.
English please.
-------------------------------------------------------
> Cary will be under subpoena. That may make it more
> troublesome in general to avoid the act of the
> crime, just a thought to consider.
English please.
Re: Appealing a case to circuit court
Posted by:
no mo $
()
Date: June 28, 2015 11:03PM
Eesh can't afford a new butt plug. Much less legal council.
Re: Appealing a case to circuit court
Posted by:
Such a victim
()
Date: June 28, 2015 11:03PM
Sounds like Megan is trying to screw Cary. What a bitch.
Re: Appealing a case to circuit court
Posted by:
vjvjujbjuvjyyvyvfjbjtubjug
()
Date: June 28, 2015 11:07PM
Cary said he'd testify in cases. He would legally request travel and witness fees.
Re: Appealing a case to circuit court
Posted by:
yeah, he'll help
()
Date: June 28, 2015 11:07PM
Megynlynn Wrote:
-------------------------------------------------------
> Cary will be under subpoena. That may make it more
> troublesome in general to avoid the act of the
> crime, just a thought to consider.
The same Cary that told you your pics are public domain? The same Cary that has told you to bug off?
-------------------------------------------------------
> Cary will be under subpoena. That may make it more
> troublesome in general to avoid the act of the
> crime, just a thought to consider.
The same Cary that told you your pics are public domain? The same Cary that has told you to bug off?
Re: Appealing a case to circuit court
Posted by:
Stupid Ediots
()
Date: June 28, 2015 11:14PM
Perry Mason Wrote:
-------------------------------------------------------
> He admitted to being eesh and to posting the
> pictures on the stand. His appeal has zero chance
> of success.
You mean the nudes that Megan posted first and you can still find by googling "Megan Toohey Fairfax Nudes"
He REPOSTED images. He's just an idiot for not saying he REPOSTED publicly available images that TOOHEY posted first.
-------------------------------------------------------
> He admitted to being eesh and to posting the
> pictures on the stand. His appeal has zero chance
> of success.
You mean the nudes that Megan posted first and you can still find by googling "Megan Toohey Fairfax Nudes"
He REPOSTED images. He's just an idiot for not saying he REPOSTED publicly available images that TOOHEY posted first.
Re: Appealing a case to circuit court
Posted by:
Man in Blue Shirt
()
Date: June 28, 2015 11:19PM
Stupid Ediots Wrote:
-------------------------------------------------------
> Perry Mason Wrote:
> --------------------------------------------------
> -----
> > He admitted to being eesh and to posting the
> > pictures on the stand. His appeal has zero
> chance
> > of success.
>
>
> You mean the nudes that Megan posted first and you
> can still find by googling "Megan Toohey Fairfax
> Nudes"
>
> He REPOSTED images. He's just an idiot for not
> saying he REPOSTED publicly available images that
> TOOHEY posted first.
I observed Eesh saying that, but Megan started crying and stated that her phone was hacked. The judge stated that simply posting nude pics is malicious. She was definitely anti-porn.
-------------------------------------------------------
> Perry Mason Wrote:
> --------------------------------------------------
> -----
> > He admitted to being eesh and to posting the
> > pictures on the stand. His appeal has zero
> chance
> > of success.
>
>
> You mean the nudes that Megan posted first and you
> can still find by googling "Megan Toohey Fairfax
> Nudes"
>
> He REPOSTED images. He's just an idiot for not
> saying he REPOSTED publicly available images that
> TOOHEY posted first.
I observed Eesh saying that, but Megan started crying and stated that her phone was hacked. The judge stated that simply posting nude pics is malicious. She was definitely anti-porn.
Re: Appealing a case to circuit court
Posted by:
Man in Blue Shirt
()
Date: June 28, 2015 11:22PM
If you could post the link to where she originally posted her nude pictures please. I do remember her saying that her fetish pics were posted under a fake profile. She was really crying in court. I also noticed that she has a large scar under her left eye. Did Eesh hit her at one time?
Re: Appealing a case to circuit court
Posted by:
mypJY
()
Date: June 28, 2015 11:35PM
Man in Blue Shirt Wrote:
-------------------------------------------------------
> Stupid Ediots Wrote:
> --------------------------------------------------
> -----
> > Perry Mason Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > He admitted to being eesh and to posting the
> > > pictures on the stand. His appeal has zero
> > chance
> > > of success.
> >
> >
> > You mean the nudes that Megan posted first and
> you
> > can still find by googling "Megan Toohey
> Fairfax
> > Nudes"
> >
> > He REPOSTED images. He's just an idiot for not
> > saying he REPOSTED publicly available images
> that
> > TOOHEY posted first.
>
>
> I observed Eesh saying that, but Megan started
> crying and stated that her phone was hacked. The
> judge stated that simply posting nude pics is
> malicious. She was definitely anti-porn.
Your such a fag eesh. You running off someone WiFi so you can't be traced? Your not so smart. Your just digging and digging. Soon the ground will crumble and you'll be buried. And nobody will help. We will all stand around the hole and pee on the dirt so it compacts better except meg. She'll squat. Do you stand or squat Lizzie?
-------------------------------------------------------
> Stupid Ediots Wrote:
> --------------------------------------------------
> -----
> > Perry Mason Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > He admitted to being eesh and to posting the
> > > pictures on the stand. His appeal has zero
> > chance
> > > of success.
> >
> >
> > You mean the nudes that Megan posted first and
> you
> > can still find by googling "Megan Toohey
> Fairfax
> > Nudes"
> >
> > He REPOSTED images. He's just an idiot for not
> > saying he REPOSTED publicly available images
> that
> > TOOHEY posted first.
>
>
> I observed Eesh saying that, but Megan started
> crying and stated that her phone was hacked. The
> judge stated that simply posting nude pics is
> malicious. She was definitely anti-porn.
Your such a fag eesh. You running off someone WiFi so you can't be traced? Your not so smart. Your just digging and digging. Soon the ground will crumble and you'll be buried. And nobody will help. We will all stand around the hole and pee on the dirt so it compacts better except meg. She'll squat. Do you stand or squat Lizzie?
Re: Appealing a case to circuit court
Posted by:
transcript exists?
()
Date: June 29, 2015 12:18AM
filing motion lotion Wrote:
-------------------------------------------------------
> 7v, but they could ask if he ever admitted to
> sending the pictures. They don't even have to ask
> if it was in court. He won't lie because its
> printed in transcript. Perjury is often tough to
> prove, but not when transcript is existing.
> I don't think he'll lie anyhow. He didn't say last
> week that he didn't send them. And I don't believe
> he would have faced a perjury charge if he was
> caught lying then.
Does a transcript even exist of the GDC trial? Generally, Court Reporters aren't present for those, meaning there are no transcripts. That is, unless the prosecution requested one...
-------------------------------------------------------
> 7v, but they could ask if he ever admitted to
> sending the pictures. They don't even have to ask
> if it was in court. He won't lie because its
> printed in transcript. Perjury is often tough to
> prove, but not when transcript is existing.
> I don't think he'll lie anyhow. He didn't say last
> week that he didn't send them. And I don't believe
> he would have faced a perjury charge if he was
> caught lying then.
Does a transcript even exist of the GDC trial? Generally, Court Reporters aren't present for those, meaning there are no transcripts. That is, unless the prosecution requested one...
Re: Appealing a case to circuit court
Posted by:
Captain Hindsight
()
Date: June 29, 2015 09:11AM
Perry Mason Wrote:
-------------------------------------------------------
> He admitted to being eesh and to posting the
> pictures on the stand. His appeal has zero chance
> of success.
The burden of proof was on the prosecution to show that Basl is eesh, and that Basl/eesh posted the pics from a computer/device belonging to him.
Were the pics considered sexual and/or pornographic in nature, or were they from Toohey's "alternative model" series?
Where did the pics come from, and were they removed from FU when Toohey requested they be taken down?
If Toohey could prove that Basl/eesh did indeed post the pics on FU, then it could have been proven that they were taken down when she requested it. Going forward with the case shows what a petty and malicious person Toohey really is.
A lawyer really could have helped, now I'm afraid eesh painted himself in a corner without counsel.
-------------------------------------------------------
> He admitted to being eesh and to posting the
> pictures on the stand. His appeal has zero chance
> of success.
The burden of proof was on the prosecution to show that Basl is eesh, and that Basl/eesh posted the pics from a computer/device belonging to him.
Were the pics considered sexual and/or pornographic in nature, or were they from Toohey's "alternative model" series?
Where did the pics come from, and were they removed from FU when Toohey requested they be taken down?
If Toohey could prove that Basl/eesh did indeed post the pics on FU, then it could have been proven that they were taken down when she requested it. Going forward with the case shows what a petty and malicious person Toohey really is.
A lawyer really could have helped, now I'm afraid eesh painted himself in a corner without counsel.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 29, 2015 10:27AM
Ha!
I have everything you said I wouldn't, HA!
#stillwinning
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
Gerrymanderer2
()
Date: June 29, 2015 10:28AM
Fucking shut the fuck up. On one gives a fuck you fucking wierdo lifeless waste and drain on resources and energy. Both of you sorry sons of bitches. Go to hell.
Re: Appealing a case to circuit court
Posted by:
Unsastisfied customer
()
Date: June 29, 2015 10:43AM
Gerrymanderer2 Wrote:
-------------------------------------------------------
> Fucking shut the fuck up. On one gives a fuck you
> fucking wierdo lifeless waste and drain on
> resources and energy. Both of you sorry sons of
> bitches. Go to hell.
Go eat a bag of foreskins you dirty fuck. My Slurpee wasn't cold enough.
-------------------------------------------------------
> Fucking shut the fuck up. On one gives a fuck you
> fucking wierdo lifeless waste and drain on
> resources and energy. Both of you sorry sons of
> bitches. Go to hell.
Go eat a bag of foreskins you dirty fuck. My Slurpee wasn't cold enough.
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 29, 2015 10:46AM
mypJY Wrote:
-------------------------------------------------------
> Man in Blue Shirt Wrote:
> --------------------------------------------------
> -----
> > Stupid Ediots Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Perry Mason Wrote:
> > >
> >
> --------------------------------------------------
>
> >
> > > -----
> > > > He admitted to being eesh and to posting
> the
> > > > pictures on the stand. His appeal has zero
> > > chance
> > > > of success.
> > >
> > >
> > > You mean the nudes that Megan posted first
> and
> > you
> > > can still find by googling "Megan Toohey
> > Fairfax
> > > Nudes"
> > >
> > > He REPOSTED images. He's just an idiot for
> not
> > > saying he REPOSTED publicly available images
> > that
> > > TOOHEY posted first.
> >
> >
> > I observed Eesh saying that, but Megan started
> > crying and stated that her phone was hacked.
> The
> > judge stated that simply posting nude pics is
> > malicious. She was definitely anti-porn.
>
> Your such a fag eesh. You running off someone WiFi
> so you can't be traced? Your not so smart. Your
> just digging and digging. Soon the ground will
> crumble and you'll be buried. And nobody will
> help. We will all stand around the hole and pee on
> the dirt so it compacts better except meg. She'll
> squat. Do you stand or squat Lizzie?
"I plead the fifth"
LMAO
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> Man in Blue Shirt Wrote:
> --------------------------------------------------
> -----
> > Stupid Ediots Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Perry Mason Wrote:
> > >
> >
> --------------------------------------------------
>
> >
> > > -----
> > > > He admitted to being eesh and to posting
> the
> > > > pictures on the stand. His appeal has zero
> > > chance
> > > > of success.
> > >
> > >
> > > You mean the nudes that Megan posted first
> and
> > you
> > > can still find by googling "Megan Toohey
> > Fairfax
> > > Nudes"
> > >
> > > He REPOSTED images. He's just an idiot for
> not
> > > saying he REPOSTED publicly available images
> > that
> > > TOOHEY posted first.
> >
> >
> > I observed Eesh saying that, but Megan started
> > crying and stated that her phone was hacked.
> The
> > judge stated that simply posting nude pics is
> > malicious. She was definitely anti-porn.
>
> Your such a fag eesh. You running off someone WiFi
> so you can't be traced? Your not so smart. Your
> just digging and digging. Soon the ground will
> crumble and you'll be buried. And nobody will
> help. We will all stand around the hole and pee on
> the dirt so it compacts better except meg. She'll
> squat. Do you stand or squat Lizzie?
"I plead the fifth"
LMAO
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
lizzie
()
Date: June 29, 2015 10:48AM
GDC not court of record Wrote:
-------------------------------------------------------
> Leagel Eagel. Wrote:
> --------------------------------------------------
> -----
> > Here's the problem: under oath, eesh admitted
> on
> > the witness stand that he had posted the
> pictures
> > of Megan Toohey.
> >
> > That means he can't take the stand in his
> Circuit
> > Court trial and say he *didn't* post the
> pictures,
> > both because it would be perjury and because
> his
> > prior testimony *will* be used to impeach him.
> >
> > Perjury is no joke in Virginia, it's a Class 5
> > felony, and punishable by up to 1 to 10 years
> in
> > prison.
> >
> > Further, considering how magnificently he
> bungled
> > his performance in General District Court,
> where
> > the judge will often do some handholding for a
> > clueless pro se defendant, eesh is an absolute
> > fucking fool if he shows up in Circuit Court
> > without an attorney, because in Circuit Court
> > you're expected to know both the law and the
> rules
> > of court. A Circuit Court judge will
> figuratively
> > bitch slap the shit out you, and hard, if you
> > don't.
>
> The General District Court is not a court of
> record, and usually Court Reporters are not
> present, meaning no transcripts. From what I
> understand, unless the testimony was recorded (or
> a Court Reporter was specifically requested by the
> Prosecutors), there wouldn't be a clean way of
> bringing the GDC testimony to the Circuit Court.
>
> Question to Lizzie or Megan: Was a Court Reporter
> present? Or was Eesh's testimony recorded? This
> would be central to determining if Eesh's appeal
> is truly hopeless or if it is indeed a new ball
> game...
I'm gonna have to file a motin, plead the fifth then appeal if I.answer LOL
I have everything you said I wouldn't, HA!
#stillwinning
-------------------------------------------------------
> Leagel Eagel. Wrote:
> --------------------------------------------------
> -----
> > Here's the problem: under oath, eesh admitted
> on
> > the witness stand that he had posted the
> pictures
> > of Megan Toohey.
> >
> > That means he can't take the stand in his
> Circuit
> > Court trial and say he *didn't* post the
> pictures,
> > both because it would be perjury and because
> his
> > prior testimony *will* be used to impeach him.
> >
> > Perjury is no joke in Virginia, it's a Class 5
> > felony, and punishable by up to 1 to 10 years
> in
> > prison.
> >
> > Further, considering how magnificently he
> bungled
> > his performance in General District Court,
> where
> > the judge will often do some handholding for a
> > clueless pro se defendant, eesh is an absolute
> > fucking fool if he shows up in Circuit Court
> > without an attorney, because in Circuit Court
> > you're expected to know both the law and the
> rules
> > of court. A Circuit Court judge will
> figuratively
> > bitch slap the shit out you, and hard, if you
> > don't.
>
> The General District Court is not a court of
> record, and usually Court Reporters are not
> present, meaning no transcripts. From what I
> understand, unless the testimony was recorded (or
> a Court Reporter was specifically requested by the
> Prosecutors), there wouldn't be a clean way of
> bringing the GDC testimony to the Circuit Court.
>
> Question to Lizzie or Megan: Was a Court Reporter
> present? Or was Eesh's testimony recorded? This
> would be central to determining if Eesh's appeal
> is truly hopeless or if it is indeed a new ball
> game...
I'm gonna have to file a motin, plead the fifth then appeal if I.answer LOL
I have everything you said I wouldn't, HA!
#stillwinning
Re: Appealing a case to circuit court
Posted by:
YXEJy
()
Date: June 29, 2015 09:48PM
Since the courts only review cases which are appealed from a lower court
INCORRECT. Appeals the lower court isn't allowed to decide or have decided things they aren't allowed to decide: is one other they'd have to hear.
from: the complex litigation manual
Re: Appealing a case to circuit court
Posted by:
bYEKp
()
Date: June 29, 2015 09:49PM
> Cases are usually heard by a panel of three judges who decide
> by mailed motions before any hearing
Otherwise know as "three blind mice".
> by mailed motions before any hearing
Otherwise know as "three blind mice".