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  1. #1
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    Appeal filed in jy murder conviction

    BREAKING NEWS!! JY atts have filed an appeal on his conviction

    http://www.wral.com/specialreports/michelleyoung/
    JUSTICE FOR MICHELLE AND RYLAN


    All posts, unless sourced, are my opinion only and they are to remain here in Websleuths and are not to be used elsewhere. Thank you!!!!

  2. #2
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    I just saw that. What took them so long? Poor Mrs. Fisher, Meredith and Cassidy, although they knew this was coming.

    I followed this trial. I can't find the juror instructions, but no way Judge Stephens said the jury could construe his silence as evidence of guilt! To the contrary, asI recall, because it made me cringe to hear his silence could not be used against him. but the defense must have some basis or that issue to be raised. Does anyone know where I can find a copy of the instructions or can you explain?

    We knew the teacher's testimony about the dolls would be one basis for appeal (right to confront accuser grounds).

    Anyway, I love Judge Stephens. I trust his judgment.

  3. #3
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    It looks like there are a number of good legal reasons for a retrial:

    "The day care workers' testimony was not introduced in Jason Young's first trial, and ... [Judge] Stephens should not have allowed it in the second.

    ... Stephens' decision to allow testimony about a $15.5 million wrongful death lawsuit and about a custody dispute over Cassidy Young violated Jason Young's right to a fair trial.

    ... Stephens should not have instructed the jury that it could consider Jason Young's "failure to talk to friends and family as substantive evidence of guilt."

    "Instructing the jury that it could infer guilt from Mr. Young's silence was error so fundamental that the jury probably would have returned a different verdict had it not been permitted to do so,"

    http://www.wral.com/jason-young-appe...eath/12720156/

  4. #4
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    Quote Originally Posted by Boodles View Post
    I just saw that. What took them so long? Poor Mrs. Fisher, Meredith and Cassidy, although they knew this was coming.

    I followed this trial. I can't find the juror instructions, but no way Judge Stephens said the jury could construe his silence as evidence of guilt! To the contrary, asI recall, because it made me cringe to hear his silence could not be used against him. but the defense must have some basis or that issue to be raised. Does anyone know where I can find a copy of the instructions or can you explain?

    We knew the teacher's testimony about the dolls would be one basis for appeal (right to confront accuser grounds).

    Anyway, I love Judge Stephens. I trust his judgment.
    I'm not sure where to find the instructions. Try WRAL website, they covered both trials. I too was under the impression they couldn't hold his silence against him, because of the 5th.
    JUSTICE FOR MICHELLE AND RYLAN


    All posts, unless sourced, are my opinion only and they are to remain here in Websleuths and are not to be used elsewhere. Thank you!!!!

  5. #5
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    Quote Originally Posted by otto View Post
    It looks like there are a number of good legal reasons for a retrial:

    "The day care workers' testimony was not introduced in Jason Young's first trial, and ... [Judge] Stephens should not have allowed it in the second.

    ... Stephens' decision to allow testimony about a $15.5 million wrongful death lawsuit and about a custody dispute over Cassidy Young violated Jason Young's right to a fair trial.

    ... Stephens should not have instructed the jury that it could consider Jason Young's "failure to talk to friends and family as substantive evidence of guilt."

    "Instructing the jury that it could infer guilt from Mr. Young's silence was error so fundamental that the jury probably would have returned a different verdict had it not been permitted to do so,"

    http://www.wral.com/jason-young-appe...eath/12720156/
    The "right to remain silent" applies when you have had the Miranda Rights read to you when you have been arrested. He was never arrested until the Grand Jury came back with a Guilty Verdict how many years after the fact. In all that time, he spoke to NO ONE about his dead wife, not even LE when asked. I don't understand how that was a "fundamental error" for the judge to instruct inferring guilt.
    Plus this is interesting...
    http://www.thenewamerican.com/usnews...-remain-silent

  6. #6
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    Yeah, the judge did not say that JY's silence to family or friends was substantive evidence of guilt. Shouldn't an appeal be factual?

    Here is the judge's charge to the jury. Warning, you will have to view his ugly mug.
    Jury instructions

  7. #7
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    Quote Originally Posted by traveler View Post
    The "right to remain silent" applies when you have had the Miranda Rights read to you when you have been arrested. He was never arrested until the Grand Jury came back with a Guilty Verdict how many years after the fact. In all that time, he spoke to NO ONE about his dead wife, not even LE when asked. I don't understand how that was a "fundamental error" for the judge to instruct inferring guilt.
    Plus this is interesting...
    http://www.thenewamerican.com/usnews...-remain-silent
    From the linked article, one judge said: "he should have affirmatively “invoked” his right to not answer questions." That's essentially what Young did. He told friends and family that, per his lawyer's advice, he was not prepared to discuss anything related to his wife's murder.

    The appeal objection is this: "Stephens should not have instructed the jury that it could consider Jason Young's "failure to talk to friends and family as substantive evidence of guilt."

    Is it reasonable to infer guilt based on the failure of a murder suspect to discuss the facts of the case with friends and family?

    I also have problems with a day care employee (one with no formal training in child psychology) that was suddenly deemed qualified to present and interpret play activities of a two year old child. That, to me, seems bizarre. There is also the question of whether new evidence can be introduced in a re-trial. Is that allowed? Was it allowed because the child was on the witness list in the first trial?

  8. #8
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    Quote Originally Posted by Boodles View Post
    Yeah, the judge did not say that JY's silence to family or friends was substantive evidence of guilt. Shouldn't an appeal be factual?

    Here is the judge's charge to the jury. Warning, you will have to view his ugly mug.
    Jury instructions
    Did the judge say that juror's could infer guilt based on the fact that Jason did not discuss the murder with friends and family?

  9. #9
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    I have no doubt that Jason Young is guilty of the urder of his wife, Michelle Fisher.

    When I expected justice, I discovered that the NC system has an unusual law that allows for the defendant to be discrebited before evidence is presented. That is what happened with Jason Young and Brad Cooper. The defesnce was permitted to enter neighbors as character witneses, and they're opinions about the facts of the case were allowed as testimony. That biassed the jury against the defendant. Even if the judge is lenient towards the defense, it does not undo street gossip.

  10. #10
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    Based on similar appeals time-lines, look for the Attorney General response brief in early November, 2013.
    The NC Court of Appeals will then review and either render a decision or schedule oral arguments (likely January 2014)


  11. #11
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    Quote Originally Posted by otto View Post
    I have no doubt that Jason Young is guilty of the urder of his wife, Michelle Fisher.

    When I expected justice, I discovered that the NC system has an unusual law that allows for the defendant to be discrebited before evidence is presented. That is what happened with Jason Young and Brad Cooper. The defesnce was permitted to enter neighbors as character witneses, and they're opinions about the facts of the case were allowed as testimony. That biassed the jury against the defendant. Even if the judge is lenient towards the defense, it does not undo street gossip.
    It is ok for them to give their opinions... the jurors have to decide if it is relevant.

    The defense should absolutely show that these were their opinions.
    They could also put on others that could show the opposite.

    An intelligent juror should know the difference with street gossip.
    The Seeker / Sports Freak /

  12. #12
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    State's response

    http://www.ncappellatecourts.org/sho...ment_id=146249

    CONCLUSION
    The State respectfully requests that this Court find no error.

    Respectfully submitted this the 11th day of October, 2013.
    ROY COOPER
    ATTORNEY GENERAL

    Robert C. Montgomery
    Special Deputy Attorney General
    N.C. Department of Justice

    http://www.ncappellatecourts.org/sho...ment_id=146250

    Daniel O'Brien
    Deputy Attorney General
    N.C. Department of Justice

  13. #13
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    So has everyone read the State's response? Thoughts?

    I tried to read it all and think the State makes sense saying that jason young gave up custody of his child so that he could not be deposed in the wrongful death suit and then tailored his testimony in the first trial after studying all the discovery which was given to the defense. His credibility became the issue.

  14. #14
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    http://www.ncappellatecourts.org/sho...ment_id=148397

    Young's attorney wants more time to file her reply brief.
    The Court of Appeals had scheduled oral arguments for 12-12-13

  15. #15
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    Quote Originally Posted by traveler View Post
    The "right to remain silent" applies when you have had the Miranda Rights read to you when you have been arrested. He was never arrested until the Grand Jury came back with a Guilty Verdict how many years after the fact. In all that time, he spoke to NO ONE about his dead wife, not even LE when asked. I don't understand how that was a "fundamental error" for the judge to instruct inferring guilt.
    Plus this is interesting...
    http://www.thenewamerican.com/usnews...-remain-silent
    BBM.

    That's wrong. The right to remain silent is a basic legal right which applies 24/7, it doesn't suddenly appear when a suspect is Miranda'd. The police are required to read the Miranda warning just in case a suspect doesn't know their rights, but those rights exist all along independently of whether you've been read a Miranda warning.

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