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  1. #31
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    I was told that it is not uncommon to house someone in a prison instead of county jail if they were awaiting sentencing, if the jail is overcrowded. Since she was convicted and sentenced in SJC already, but still waiting for sentencing in PC, then keeping her in jail in SJC would not make much sense, and it's possible that PC is overcrowded at the moment.

  2. #32
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    Has anyone seen the actual document in this filing? I went to the website, but it doesn't let you open the document.

    TIA

  3. #33
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    Since Misty's SC filing lists all of her charges, I am thinking she is appealing the actual charges. Seems to me that Misty would have had a better chance in this regard if she had pled Not Guilty as charged. She pled Not Guilty initially, but then changed that plea to Nolo, which means she decided not to contest the charges. So, to come back now and contest the charges seems a bit odd, IMO.

    When a defendant pleads NOLO or GUILTY, they lose a lot of appeal options. One can appeal in such cases, but they rarely win. IMO, Ron is the player with the least options--he pled Guilty as charged. He will have little to no recourse now for any type of relief. The others have more of a chance on appeal, but not nearly as much as if they had pled Not Guilty and fought the charges from the beginning.

    Hope might stand a chance on appeal based on inadequate counsel given she is claiming she did not understand the process at the time but the court clearly asked Hope if she understood and she said YES, so she may have to prove she suffered some kind of diminished capacity at the time.

    We have to keep in mind, however, that in an appeal situation the defendant has the responsibility of proving all the claims made in their appeal. All our players pled Not Guilty initially, except Hope--she pled Nolo right away on the advice of her attorney, IIRC. Possibly Hope might have a chance on appeal, but I am not sure the others will. However, winning an appeal does not automatically reverse things; it just sets the stage for a new hearing. The players are on tape committing the crimes and even if one or more gets a new trial they would still be convicted.

    The only hope I see for Misty and the others at this point is if their cases are remanded to the court and the court is willing to compromise. There has been no evidence of compromise to date but as these issues drag on and on, it might come into play.

    This, of course, is all JMO.

  4. #34
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    To me, Misty pleaded NOLO to the charges but does not like the sentence. However the sentence is within the guidelines.

    I do not see any appeal against the sentence working.

    What Misty needs to do is go against the sentencing guidelines and seek to get them changed, if possible ... only then can she catch a break on her sentence. IMO
    Disclaimer: All posts are my own humble opinion. Everyone is entitled to their own opinion, but not their own facts.



    Justice for Caylee

  5. #35
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    Cyberborg, I tend to agree with you. The only question I have pertains to when she filed this SC appeal. It was initially filed prior to her being sentenced on any of her charges in either county. That tells me she might have been appealing the charge itself.

    But then it was withdrawn and re-filed. Possibly after the sentencing in St. Johns, Misty regrouped and decided to fight the sentence rather than the charge? That might be the reason for the withdrawal and re-filing.

    No, she has no recourse on the sentence as it is within the law for her charge. However, as a first-time offender the Supreme Court might look at Misty as deserving of a lesser sentence by way of Youthful Offender provisions. Although, I am not sure it would be the Supreme Court that would have jurisdiction over that. One would think the appeals court would...but I do not know a lot about the appeals process.

    I do not think Misty has much of a chance as the laws stand for now, but there remains the possibility that her age and first-offender status could be a consideration. It could depend on how other young first-timers have been treated in Florida courts and if her attorney can effectively site such cases.

  6. #36
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    Nothing new in the FLSC, but Misty finally has a case showing up in Florida 5th District Court of Appeal, which is where it belongs. I'm still puzzled over a case being filed in the FLSC before review in a lower court.


    lorida Fifth District Court of Appeal Docket
    Case Docket

    Case Number: 5D10-3883

    Final Criminal Judgment and Sentence Notice from St. Johns County

    MISTY JANETTE CROSLIN CUMMINGS vs. STATE OF FLORIDA


    Lower Tribunal Case(s): 10-141-CFMA

    Date Docketed Description Date Due Filed By Notes
    11/10/2010
    Notice of Appeal Filed Appellant
    11/10/2010
    LT CRT ORD O/INDG & APP O/CNSL
    11/17/2010
    Court Reporter Ack. Letter AMENDED
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  7. #37
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    Misty's appeal filed with the Florida 5th District Court of Appeal is for the charge in SJC. Misty's county court docket in SJC has her appeal listed as well.

    The habeas corpus petition filed with the Florida Supreme Court involves all 8 of her drug trafficking charges as it is stated on the top of the docket which can be found on the Florida Supreme Court website.

    Lower Tribunal Case(s): 2009-10138CF, 2009-10139CF, 2009-10140CF, 2009-10141CF, 2009-10142CF, 2009-10251CF, 2009-10252CF, 2010-00141CF

    I have been doing some reading and it is my understanding the lower court does not handle the habeas corpus filings. It goes right to the state.
    Last edited by twall; 11-21-2010 at 05:47 AM.
    "IT TAKES A LOT BIGGER MAN TO STAND UP AND ADMIT HIS MISTAKES THAN TO HIDE BEHIND A LIE"
    WHY WON'T ANYONE STAND UP FOR HALEIGH??!! WHY?? TELL THE TRUTH!!
    HALEIGH DESERVES IT!!

  8. #38
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    Thank you, twall...this is starting to make a bit more sense now.

    It appears as though Misty has filed with the Supreme Court regarding her charges. She has also filed an appeal in District Court on the one charge she has been sentenced on so far. What I don't understand is why Misty pleaded No Contest to original charges if she believed she was not appropriately charged. A No Contest plea usually means the accused agrees with the charge and thus is not questioning it.

    Of all the players, the only one to get a reduced charge is Donna. Her original charge was exactly the same as Misty's in St. Johns. Donna's charge was reduced in exchange for her pleading No Contest, but none of the others got this consideration. But even Donna is appealing, so this is all looking more and more like a typical process.

  9. #39
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    Wink

    Quote Originally Posted by twall View Post
    I was just going to post the same thing!

    I am wondering if Jack White is some nobody off the street inserting himself into Misty's case to "save her" from the wrath of corruption. (insert eyeroll here)

    He is not well versed in filing legal documents with the court so they are being rejected. He is having to do do-overs of the docs. That would explain all the supplements/amendments/letters/withdrawl/dismissal etc. filed with the court. JMO

    I am going to look around the net to try and find if the documents are available anywhere online for public viewing. Viewing the documents would be a tremendous help to those that are trying to understand wd hat is going on.
    Jack white is a supreme court clerk. I have seen the reports. and have seen info about who Jack White is, I will try to find the link.

  10. #40
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    RE:Jack White I have not found the link where it shows the report RE:Misty but if you google = JackWhite/Florida/court it will bring you to a site that talks about who he is.


  11. #41
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    Quote Originally Posted by twall View Post
    Misty's appeal filed with the Florida 5th District Court of Appeal is for the charge in SJC. Misty's county court docket in SJC has her appeal listed as well.

    The habeas corpus petition filed with the Florida Supreme Court involves all 8 of her drug trafficking charges as it is stated on the top of the docket which can be found on the Florida Supreme Court website.

    Lower Tribunal Case(s): 2009-10138CF, 2009-10139CF, 2009-10140CF, 2009-10141CF, 2009-10142CF, 2009-10251CF, 2009-10252CF, 2010-00141CF

    I have been doing some reading and it is my understanding the lower court does not handle the habeas corpus filings. It goes right to the state.
    I finally took the time to research the Florida rules of procedure. Actually, in Florida the supreme court, district courts of appeal, and circuit courts can all have original jurisdiction in matters of habeas corpus.

    Ref: Florida Rules of Appellate Procedure, 9.030.(a)(3); 9.030.(b)(3); and 9.030.(c)(3), respectively.
    http://www.4dca.org/applellate%20rules.pdf
    But you're correct, quite a few habeas corpus petitions are filed directly with the supreme court. Kudos to you, my friend.

    I'm aware that the latest case filed in the 5th District is an appeal of the SJC sentence, separate from the supreme court filing which came before she was sentenced. What's driving me nuts is wondering what were the grounds for the habeas corpus. I really want to read that petition and the accompanying letter!
    Last edited by bessie; 11-21-2010 at 11:17 PM.
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  12. #42
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    Quote Originally Posted by bessie View Post
    I finally took the time to research the Florida rules of procedure. Actually, in Florida the supreme court, district courts of appeal, and circuit courts can all have original jurisdiction in matters of habeas corpus.

    Ref: Florida Rules of Appellate Procedure, 9.030.(a)(3); 9.030.(b)(3); and 9.030.(c)(3), respectively.
    http://www.4dca.org/applellate%20rules.pdf
    But you're correct, quite a few habeas corpus petitions are filed directly with the supreme court. Kudos to you, my friend.

    I'm aware that the latest case filed in the 5th District is an appeal of the SJC sentence, separate from the supreme court filing which came before she was sentenced. What's driving me nuts is wondering what were the grounds for the habeas corpus. I really want to read that petition and the accompanying letter!
    Me too!!!

    It can't be about the sentence since it was filed prior. It might be about the actual charges, but how can that be if Misty chose not to contest the charges when she had a chance to do so in court? She pled no contest; can she come back later and appeal that?

    Could it be about her incarceration (being kept in lockdown for so many months)? But then...how can it include the Putnam charges if she was not incarcerated in Putnam?

    If her SC filing is without merit it will be denied and then the docs should become available online....or at least the denial document, which would outline what her claim is. If it has merit, it could be quite a while before anything becomes available to us.

  13. #43
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    Make that three, I want to read it too!

    I will take a stab at what the habeas corpus petition is all about.

    IMO the ACLU is behind it claiming Misty's civil rights were violated because she was unfairly targeted in the drug deals because LE wanted her behind bars to get information about the Haleigh case. If it wasn't for the Haleigh case she would have never been targeted.

    I'm all for anyone standing up for their civil rights IF they were violated and can prove it, if not, I don't feel sorry for them.

    Not knowing all of the details that transpired since she was arrested and not knowing for a fact what she does or doesn't know about Haleigh's disappearance it makes it difficult for me to come to a conclusion if she has a legit case or not.

    If she truly is innocent and doesn't know more than what she has told LE then yes, she was unfairly targeted. If she does know more then she wasn't. The way I see it is if she knows more and would have spilled it a long time ago she would not be in the position she is now in. If she does know more and is withholding the information to bring a conclusion to Haleigh's case let her fry!

    I honestly don't think the appeal or the habeas corpus filing will go anywhere, they will be DENIED!

    Thanks for the link Bessie, I skimmed through the parts you pointed out, alot of it went over my head, I don't speak lawyerese, I need simple explanations!
    Last edited by twall; 11-22-2010 at 12:52 AM.
    "IT TAKES A LOT BIGGER MAN TO STAND UP AND ADMIT HIS MISTAKES THAN TO HIDE BEHIND A LIE"
    WHY WON'T ANYONE STAND UP FOR HALEIGH??!! WHY?? TELL THE TRUTH!!
    HALEIGH DESERVES IT!!

  14. #44
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    The burden of proof is on the party making the claim.

    In a trial, the burden of proof is on the prosecutor. They have to prove a defendant is guilty. The defendant is not required to prove they are innocent. In an appeal, the person making the appeal has the burden of proof.

    Misty will have to prove whatever she is claiming. How was she unfairly targeted? Is it likely that she would not have committed the crime(s) at all if it were not for the sting? IMO, Misty was dealing before the UC became interested but, if she in fact was not, she will have to prove it.

    One thing that might help Misty prove her case is the public's perception that the harsh sentence was justified only because Haleigh is still missing. I believe many people believe that. One example would be the comment TN made right after Misty's sentencing (paraphrased): "Let her stay in prison another 25 years if Haleigh is still missing." The reason I think such comments could be used in Misty's favor is because it clearly shows that even though Misty was sentenced on drug charges, people accept the sentence as justified because Haleigh has not been found.

    If an attorney could show that others in the state with similar circumstances of arrest have been treated with leniency while Misty was denied this, an argument definitely needs to be made on Misty's behalf.

    I do not want to see Misty freed because in my mind she knows what happened that night, but I will never sit back and say it is OK for someone to be railroaded. If Misty was treated differently than others with similar charges, I hope the SC will take that very seriously.

  15. #45
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    Quote Originally Posted by krkrjx View Post
    The burden of proof is on the party making the claim.

    In a trial, the burden of proof is on the prosecutor. They have to prove a defendant is guilty. The defendant is not required to prove they are innocent. In an appeal, the person making the appeal has the burden of proof.

    Misty will have to prove whatever she is claiming. How was she unfairly targeted? Is it likely that she would not have committed the crime(s) at all if it were not for the sting? IMO, Misty was dealing before the UC became interested but, if she in fact was not, she will have to prove it.

    One thing that might help Misty prove her case is the public's perception that the harsh sentence was justified only because Haleigh is still missing. I believe many people believe that. One example would be the comment TN made right after Misty's sentencing (paraphrased): "Let her stay in prison another 25 years if Haleigh is still missing." The reason I think such comments could be used in Misty's favor is because it clearly shows that even though Misty was sentenced on drug charges, people accept the sentence as justified because Haleigh has not been found.

    If an attorney could show that others in the state with similar circumstances of arrest have been treated with leniency while Misty was denied this, an argument definitely needs to be made on Misty's behalf.

    I do not want to see Misty freed because in my mind she knows what happened that night, but I will never sit back and say it is OK for someone to be railroaded. If Misty was treated differently than others with similar charges, I hope the SC will take that very seriously.
    BBM
    Hi K, I agree. If Misty was treated unfairly concerning the drug arrest and charges, then fair is fair. I really don't want to see Misty freed, because she knows more that she is telling about Haleigh. It is so hard for me to seperate these 2 issues.
    I love a Williams Syndrome kid.

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