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  1. #46
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    Quote Originally Posted by JusticeFever View Post
    I finally got around to reading the brief the state filed. This reminds me so much of the Cooper case, in the way that things are documented and not always correctly.

    For instance, they say that MY was cutting back to part time at work. False. She was working on a plan to keep her full time job status and benefits by working longer hours and also from home , and through emails. Her boss testified to a outline she made at the trial.

    Also, in another part they are trying to say Cindy Beaver was confused about what day she saw the car at/near the Young house in the early hours of Nov. 3th. Also, false.

    See, its things like this they make me distrust their case. JMO
    I don't disagree with you but they've got little else they can throw out there. Thanks for the update, btw. Most large corporations do have flex-time and you are correct, it is not the same as becoming part-time. I'm betting Michelle already put in far more than 40 hours a week and that she often responded to emails, voice mails from home already. Employees with that kind of dedication are valued.

    Has the extension been granted?

  2. #47
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    Quote Originally Posted by MyBelle View Post
    I don't disagree with you but they've got little else they can throw out there. Thanks for the update, btw. Most large corporations do have flex-time and you are correct, it is not the same as becoming part-time. I'm betting Michelle already put in far more than 40 hours a week and that she often responded to emails, voice mails from home already. Employees with that kind of dedication are valued.

    Has the extension been granted?
    Yes, it is now due on around 12/23/14 , if I am reading it correctly.
    I could understand if Michelle was planning on quitting her high-paying job altogether, but 10 hours isn't that big of a deal, also, if you consider CY's daycare would also be 3 days instead of 5 too. The state failed to mention that though.

  3. #48
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    If so, betting MY put in far more than 40 hours a week? That would most likely be attributed to her sister's time as nanny, wouldn't you think? Who else would have taken care of CY? Her dedication was valuable, no doubt, but supported by her only sister. MOO.

  4. #49
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    ^^^CY was in daycare, not watched by any nanny since she was a baby, according to testimony.

  5. #50
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    CY was 2.5 years old when her mother was murdered by her father. She was under the care of her mother and auntie for most of that time. MOO.
    p.s. Thankfully she was in daycare at the time. The daycare workers had much to disclose about her behavior.

  6. #51
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    Michelle's mother lived in another state and MF was working , so I am not sure how CY was spending much time with them.
    The day care workers testified that CY picked up a female doll to re-enact a spanking and she never said it was Daddy nor did she choose the male doll that was available.

  7. #52
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    Jason Young's response is due tomorrow 12/23/14, if I find it I will post it here.

    Here is some other news about the court of appeals that happened today 12/22/14

    http://www.wral.com/hunter-heads-bac...eals/14301815/

  8. #53
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    JUST IN: This is Jason Young's attorney's response......http://www.ncappellatecourts.org/sho...ment_id=164659

  9. #54
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    Just finished reading. I think we are going to Trial 3...

    N.C.G.S. 1-149 provides that no civil pleading
    "can be used in a criminal
    prosecution against the party as proof of
    a fact admitted or alleged in it." The
    common law provides additional protection
    to criminal defendants by generally
    prohibiting the admission of civil judgments in criminal prosecutions.

  10. #55
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    Quote Originally Posted by JusticeFever View Post
    Just finished reading. I think we are going to Trial 3...

    N.C.G.S. 1-149 provides that no civil pleading
    "can be used in a criminal
    prosecution against the party as proof of
    a fact admitted or alleged in it." The
    common law provides additional protection
    to criminal defendants by generally
    prohibiting the admission of civil judgments in criminal prosecutions.
    That is simply stunning. Thanks for sharing. I didn't follow the trial on a daily basis and I didn't realize the defense had impeached Meredith Fisher's testimony at the second trial. I also didn't realize the WCSO had given the Fishers' two civil case attorneys access to their investigative files even though Jason had not been charged. The response pretty much says the cops, prosecutors, Judge, Clerk, the Fishers and their attorneys all colluded to make sure the jury knew the details of the custody and wrongful death civil cases because there was no actual evidence. Wow, incredibly wow.


  11. #56
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    Quote Originally Posted by MyBelle View Post
    That is simply stunning. Thanks for sharing. I didn't follow the trial on a daily basis and I didn't realize the defense had impeached Meredith Fisher's testimony at the second trial. I also didn't realize the WCSO had given the Fishers' two civil case attorneys access to their investigative files even though Jason had not been charged. The response pretty much says the cops, prosecutors, Judge, Clerk, the Fishers and their attorneys all colluded to make sure the jury knew the details of the custody and wrongful death civil cases because there was no actual evidence. Wow, incredibly wow.
    Yes, I found this and a few other things very telling!
    For instance, I never knew this:
    Page 24
    Although Mr. Young suggested they buy
    insurance, Ms. Young complained to a

    friend that she was having a hard time getting
    him to complete the application.

    (Vol. 27p. 5019)


    The state was unable to get a conviction the first time around, so it would seem the additional information they added in the second trial was needed, such as including the civil suit and custody agreement, which has resulted with Jason's conviction being overturned.

    Now, the courts will decide either to revert back to their original decison of granting JY a new trial, or they will hear oral arguments from both sides.

    Or, a plea deal is offered. JMO

  12. #57
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    Quote Originally Posted by JusticeFever View Post
    Yes, I found this and a few other things very telling!
    For instance, I never knew this:
    Page 24
    Although Mr. Young suggested they buy
    insurance, Ms. Young complained to a

    friend that she was having a hard time getting
    him to complete the application.

    (Vol. 27p. 5019)


    The state was unable to get a conviction the first time around, so it would seem the additional information they added in the second trial was needed, such as including the civil suit and custody agreement, which has resulted with Jason's conviction being overturned.

    Now, the courts will decide either to revert back to their original decison of granting JY a new trial, or they will hear oral arguments from both sides.

    Or, a plea deal is offered. JMO
    I'm not sure a plea deal is an option at this point. The procedural errors and judicial errors are so numerous and significant. Freeman is the new DA and she's blasted in that response. Everybody is blasted.

  13. #58
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    Quote Originally Posted by MyBelle View Post
    I'm not sure a plea deal is an option at this point. The procedural errors and judicial errors are so numerous and significant. Freeman is the new DA and she's blasted in that response. Everybody is blasted.
    No telling, So far, NC has reconciled the Abaroa and Cooper cases with plea bargaining, so I don't know what is in store for Young. This is a very strong and compelling brief filed by Barbara Blackman, imo. Things such as the theory that JY chartered a plane meant they had little faith in their eye witness's account, as mentioned in the brief that would make her statement meaningless. I always believed this was the case. Had they been confident JY was at that gas station, there would have been an immediate arrest, not one that came 3 years later.

    P67-68
    an allegation that he returned to Raleigh,
    King, and Hillsville was so problematical
    that the State sought evidence to establish
    that Mr. Young chartered a plane
    somewhere and flew back to Raleigh (17T
    p. 3410-12), a theory which would have
    rendered the testimony of Calhoun
    and Tiller meaningless.
    Last edited by JusticeFever; 12-28-2014 at 09:28 PM.

  14. #59
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    January 7th, 2015


    The state answered by asking for another extension.......now due around Feb 5th, 2015.

    http://www.ncappellatecourts.org/sho...ment_id=165085

  15. #60
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    Hmmmm, very interesting. In addition to their appellate response, it seems JYL also filed a 27 page 'motion for appellate relief' , claiming he received "ineffective assistance of trial counsel". The Attorney General has asked for an extension to 2/5/15 to respond to this particular motion......Should be entertaining

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