05-07-2015, 01:51 AM
(This post was last modified: 05-07-2015, 02:25 AM by Lunarscope.)
Hi Lavender' I found the article very interesting' but also full of misinformation, a federal writ of habeas corpus, (most often aims for USSC relief) Can not be filed before all Arizona appeals are exhausted. Jodi filed a PCR not a Direct appeal, PCR goes to JSS then if JSS finds a error in law' JSS must word her own motion to Appeals Courts 3 judge panel, the 3 judge appellate court tells in a memorandum JSS how to respond, if JSS just denies the entire appeal then Jodi loses, Jodi can resubmit appeal denial to the Arizona Supreme Court' that's very costly and takes years, if again denied that appeal is exhausted.
I have Not heard the names of Jodi appointed Attorneys' JSS asked the Private Defender Office for attorney, we are talking from the April 13th hearing, not attornies that claimed to represent Jodi weeks ago, they are not confirmed by the courts. The Public Defender Office quit Jodi pretrial and that was before the Forged letters, when Nurmi was chaired. JSS put in minutes that she saw no conflict of interest' I think the Public Defender will and has seen a reason Not to represent Jodi, because JSS had 3 days to publish new attorney or attorneys' that's today or early tomorrow, I expect Jodi will get a Private Appellate Attorney again, but also expect swift appeal denial.
A appeal to JSS and Martinez gets Martinez reply and a defense team reply all paper motions, then JSS memorandum decision, nothing about Jodi arguments are allowed' just Judicial decision mistakes or State / Martinez errors' Jodi can also blame MDLR in appeal but nothing about the crime or evidence is allowed, appeals only relate to errors or intentional errors.
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A Direct appeal can also be filed and if so the PCR becomes a Rider appeal = PCR is asking for relief, that relief relates to winning the Direct appeal, If Jodi files a Direct Appeal it is to the 5 Judge Arizona Supreme Court' if denied that appeal is exhausted.
Most appeals argue the best 3 or so arguments' their is a limitation to how many words are allowed.
Jodi and everyone can appeal forever' but cannot stop appealing or all appeals become exhausted, courts can read and dismiss appeals or let the steps I explained above to be used, the courts use deadlines to file appeals to avoid future frivolous appealing.
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On this I am unsure' I hope the Jodi appeal submitted then shown to Martinez and dismissed as frivolous instantaneously, without Martinez reply or defense team rebuttal, if that's both posable and happens, Jodi appealing will be exhausted and yesterdays news in a few months.
I have Not heard the names of Jodi appointed Attorneys' JSS asked the Private Defender Office for attorney, we are talking from the April 13th hearing, not attornies that claimed to represent Jodi weeks ago, they are not confirmed by the courts. The Public Defender Office quit Jodi pretrial and that was before the Forged letters, when Nurmi was chaired. JSS put in minutes that she saw no conflict of interest' I think the Public Defender will and has seen a reason Not to represent Jodi, because JSS had 3 days to publish new attorney or attorneys' that's today or early tomorrow, I expect Jodi will get a Private Appellate Attorney again, but also expect swift appeal denial.
A appeal to JSS and Martinez gets Martinez reply and a defense team reply all paper motions, then JSS memorandum decision, nothing about Jodi arguments are allowed' just Judicial decision mistakes or State / Martinez errors' Jodi can also blame MDLR in appeal but nothing about the crime or evidence is allowed, appeals only relate to errors or intentional errors.
---------------------------------------
A Direct appeal can also be filed and if so the PCR becomes a Rider appeal = PCR is asking for relief, that relief relates to winning the Direct appeal, If Jodi files a Direct Appeal it is to the 5 Judge Arizona Supreme Court' if denied that appeal is exhausted.
Most appeals argue the best 3 or so arguments' their is a limitation to how many words are allowed.
Jodi and everyone can appeal forever' but cannot stop appealing or all appeals become exhausted, courts can read and dismiss appeals or let the steps I explained above to be used, the courts use deadlines to file appeals to avoid future frivolous appealing.
---------------------------------------------------------
On this I am unsure' I hope the Jodi appeal submitted then shown to Martinez and dismissed as frivolous instantaneously, without Martinez reply or defense team rebuttal, if that's both posable and happens, Jodi appealing will be exhausted and yesterdays news in a few months.