GUILTY GA - Ahmaud Arbery, 25, jogger, fatally shot by former LEO and son, Brunswick, Feb 2020 *Arrests* #6

[watergirl62]

So if they are successful in vacating the federal charges they'd just be retried through the state. I'm a little confused.

I thought they'd had two trials and were convicted on both. The American justice system confuses me sometimes!

They are trying to vacate only the federal hate crime charges. They each also got federal kidnapping charges (20 years) and TM and GM both got federal gun charges too.

 

[Niner]

In one of the articles - they all are appealing the State charges also.

 

[Cryptic]

So if the state crimes stand how can Travis expect to be transferred to a federal penitentiary.

This might be a reference to a past plea bargain effort by the perpertrators:

- I"ll plead guilty to the federal hate crime charge. But.... I want to serve my federal sentence first, in a federal sentence.

- Once the federal sentence is complete, I"ll be transferred back to State to serve that sentence. But.... by that time, my noteriety may of declined.

 

[arielilane]

Appears they're claiming pursuit of AA mistakenly due to him being a criminal, rather than because of his race.

I'm not buying it. moo

 

[Cool Cats]

Appears they're claiming pursuit of AA mistakenly due to him being a criminal, rather than because of his race.

I'm not buying it. moo

I'm not buying it. moo

You will find this interesting.

Travis's lawyer is not appealing on those grounds... That Arbery was targeted
due to him being a criminal, rather than because of his race.... Even Travis's own attorney apparently believes Travis targeted Arbery due to his race, or that it is so obvious that it can't be used for appeals.

In Travis McMichael's appeal, attorney Amy Lee Copeland didn't dispute the jury's finding that he was motivated by racism. The social media evidence included a 2018 Facebook comment Travis McMichael made on a video of Black man playing a prank on a white person. He used an expletive and a racial slur after he wrote wrote: “I’d kill that .... .”

Instead, Copeland based her appeal on legal technicalities.

Ahmaud Arbery's killers ask a US appeals court to overturn their hate crime convictions

Racist messages, vile online posts highlighted in hate crimes trial of Ahmaud Arbery's killers

In his state trial for the murder of Ahmaud Arbery, Travis McMichael testified he is not a racist. But federal prosecutors are presenting evidence that shows otherwise.

abcnews.go.com

FBI analyst Amy Vaughn testified on Wednesday that she found a digital onslaught of messages, mostly from Travis McMichael, in which he allegedly routinely used racial slurs to describe Black people and advocated violence against them.

 

[LinasK]

You will find this interesting.

Travis's lawyer is not appealing on those grounds... That Arbery was targeted
due to him being a criminal, rather than because of his race.... Even Travis's own attorney apparently believes Travis targeted Arbery due to his race, or that it is so obvious that it can't be used for appeals.

In Travis McMichael's appeal, attorney Amy Lee Copeland didn't dispute the jury's finding that he was motivated by racism. The social media evidence included a 2018 Facebook comment Travis McMichael made on a video of Black man playing a prank on a white person. He used an expletive and a racial slur after he wrote wrote: “I’d kill that .... .”

Instead, Copeland based her appeal on legal technicalities.

Ahmaud Arbery's killers ask a US appeals court to overturn their hate crime convictions

Racist messages, vile online posts highlighted in hate crimes trial of Ahmaud Arbery's killers

In his state trial for the murder of Ahmaud Arbery, Travis McMichael testified he is not a racist. But federal prosecutors are presenting evidence that shows otherwise.

abcnews.go.com

FBI analyst Amy Vaughn testified on Wednesday that she found a digital onslaught of messages, mostly from Travis McMichael, in which he allegedly routinely used racial slurs to describe Black people and advocated violence against them.

Yeah, I'm not buying it. They didn't go after everyone who entered that home under construction, only him. And how could they have known if he had a criminal record without being LE???

 

[Cool Cats]

Yeah, I'm not buying it. They didn't go after everyone who entered that home under construction, only him. And how could they have known if he had a criminal record without being LE???

Roddie said he did not even know anything about Arbery's history in the neighbourhood. He admitted to an investigator that when he saw a black man being chased his instinct told him it was due to theft or a shooting.

2 Cents

 

[vls12345]

3 men convicted of hate crime in Ahmaud Arbery murder ask for convictions to be thrown out

The three men who shot and killed Ahmaud Arbery as he jogged through their neighborhood say race had nothing to do with his death.

www.wsbtv.com

 

[watergirl62]

3 men convicted of hate crime in Ahmaud Arbery murder ask for convictions to be thrown out

The three men who shot and killed Ahmaud Arbery as he jogged through their neighborhood say race had nothing to do with his death.

www.wsbtv.com

Wednesday morning attorneys for the trio asked a panel of three judges to throw out the hate crime convictions. “The race was a non-contributing role in this matter,” Greg McMichael’s attorney said.

Justice Coalition attorney Barbara Arnwine said the judges saw right through their ridiculous argument. “They did not just sit back and allow that argument to take place. They listened and they challenged it over and over and over again,” she said.

Channel 2 Action News will be looking out for the judges’ decision in a few months.

 

[LinasK]

Wednesday morning attorneys for the trio asked a panel of three judges to throw out the hate crime convictions. “The race was a non-contributing role in this matter,” Greg McMichael’s attorney said.

Justice Coalition attorney Barbara Arnwine said the judges saw right through their ridiculous argument. “They did not just sit back and allow that argument to take place. They listened and they challenged it over and over and over again,” she said.

Channel 2 Action News will be looking out for the judges’ decision in a few months.

Seems kinda late to be making this argument. They should have brought it up during their trial. I think that they just don't like prison.

 

[MrsWatson]

What happened to Ahmaud Abrey is not mysterious at all. The convicted perpetrators made their reasons and actions very clear.

MOO

 

[LinasK]

Roddie said he did not even know anything about Arbery's history in the neighbourhood. He admitted to an investigator that when he saw a black man being chased his instinct told him it was due to theft or a shooting.

2 Cents

So by his own admission- racial profiling, so how can they claim that the killing wasn't racially motivated???

 

[Niner]

@Seattle1 - almost a month gone by - any updates yet on their Federal appeals? TIA!

 

[Niner]

@Seattle1 - just checking my old cases - any updates yet on this appeal? TIA!

 

[Seattle1]

@Seattle1 - just checking my old cases - any updates yet on this appeal? TIA!

United States v. McMichael (2:21-cr-00022) District Court, S.D. Georgia​

Hi @Niner -- I didn't follow this case but from MSM posted here, Oral Arguments were only heard March 27, 2024.

From Court Listner, linked below, Notice of Appeals were filed as follows, and they all seem to be under the same case number:

Aug 21, 2022
NOTICE OF APPEAL by Gregory McMichael re 264 Judgment, (Balbo, Attilio) (Entered: 08/21/2022)

Aug 22, 2022
NOTICE OF APPEAL by Travis McMichael (Copeland, Amy) (Entered: 08/22/2022)

Aug 29, 2022
USCA Case Number as to William Bryan 22-12792-F for 266 Notice of Appeal - Final Judgment filed by William Bryan. (wwp) (Entered: 08/29/2022)

Aug 30, 2022
USCA Case Number as to Travis McMichael 22-12792-F for 272 Notice of Appeal - Final Judgment filed by Travis McMichael. (loh) (Entered: 08/30/2022)

Aug 30, 2022
USCA Case Number as to Gregory McMichael 22-12792-F for 271 Notice of Appeal - Final Judgment filed by Gregory McMichael. (loh) (Entered: 08/30/2022)

https://www.courtlistener.com/docket/59862358/united-states-v-mcmichael/?page=2

Here's the US Court of Appeals - 11th Circuit link with the Published/Unpublished Opinions Log where you can watch for the appeal results.

You can see from the Log (or the daily) that the Court is slow to reach a decision and slower to publish the decision.

Published Opinions Log | Eleventh Circuit | United States Court of Appeals

www.ca11.uscourts.gov

 

[Niner]

United States v. McMichael (2:21-cr-00022) District Court, S.D. Georgia​

Hi @Niner -- I didn't follow this case but from MSM posted here, Oral Arguments were only heard March 27, 2024.

From Court Listner, linked below, Notice of Appeals were filed as follows, and they all seem to be under the same case number:

Aug 21, 2022
NOTICE OF APPEAL by Gregory McMichael re 264 Judgment, (Balbo, Attilio) (Entered: 08/21/2022)

Aug 22, 2022
NOTICE OF APPEAL by Travis McMichael (Copeland, Amy) (Entered: 08/22/2022)

Aug 29, 2022
USCA Case Number as to William Bryan 22-12792-F for 266 Notice of Appeal - Final Judgment filed by William Bryan. (wwp) (Entered: 08/29/2022)

Aug 30, 2022
USCA Case Number as to Travis McMichael 22-12792-F for 272 Notice of Appeal - Final Judgment filed by Travis McMichael. (loh) (Entered: 08/30/2022)

Aug 30, 2022
USCA Case Number as to Gregory McMichael 22-12792-F for 271 Notice of Appeal - Final Judgment filed by Gregory McMichael. (loh) (Entered: 08/30/2022)

https://www.courtlistener.com/docket/59862358/united-states-v-mcmichael/?page=2

Here's the US Court of Appeals - 11th Circuit link with the Published/Unpublished Opinions Log where you can watch for the appeal results.

You can see from the Log (or the daily) that the Court is slow to reach a decision and slower to publish the decision.

Published Opinions Log | Eleventh Circuit | United States Court of Appeals

www.ca11.uscourts.gov

Thanks for the link! i shall bookmark it!