GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #10

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Rest in Peace Beverly!

1411739631000-beverly-carter.jpg


http://www.thv11.com/story/news/local/little-rock/2014/09/26/beverly-carter-missing/16257155/



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Media Thread
 
No discussing CL's children
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Please continue here...
 
Thanks. Let's remember the lovely Beverley.
 
In reading, I believe that even if AL thinks he can make this a circus, the Court will not allow it. (praying) I found a few interesting things in this article regarding Pro Se litigants . http://www.thelegality.com/2008/03/...ro-se-crafty-legal-strategy-or-fool’s-errand/

How Does a Court Measure Competency?

The level of competence required to defend oneself in court is the same that is required to stand trial. According to the Supreme Court in Godinez v. Moran, in order to be deemed competent to stand trial, an individual must be able “to consult with his lawyer with a reasonable degree of rational understanding” and have a rational and factual understanding of the proceedings. Additionally, the Court says “there is no reason to believe that the decision to waive counsel requires an appreciably higher level of mental functioning than the decision to waive other constitutional rights,” such as the right to “plead the Fifth” to avoid making self-incriminating statements. Therefore, the Court states, if an individual is competent to stand trial, he is also competent to self-defend, as long as he waives his constitutional right to counsel knowingly and voluntarily.


Give a Man Enough Rope And He’ll Hang Himself.
snip>

The main advantage of a defendant choosing self-representation is that decisions typically at the discretion of counsel are now the defendant’s to make. The defendant can decide for himself which jurors to accept or strike, which witnesses to call, what evidence to introduce, what motions to make, and how to cross-examine witnesses. Another potential advantage is that judges, though not required, are generally more lenient with pro se defendants than they are with lawyers. In fact, it is not uncommon for judges to coach defendants along when they become befuddled by procedural rules.

However, the tradeoffs can greatly outnumber the advantages of self-representation. As the Court stated in Faretta v. California, “when the accused manages his own defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel.” For starters, the loss of legal and technical expertise a lawyer provides could prove detrimental to any case. Worse yet, a defendant who elects to self-represent has no right to appeal based on ineffective assistance of counsel.

“The right of self-representation is not a license to abuse the dignity of the courtroom. Neither is it a license not to comply with relevant rules of procedural and substantive law. Thus, whatever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel.”
 
I wonder if he is doing this so CL wont roll on him. Because if she made a deal and testified against him, he gets to cross examine her and can spill, spill, spill. Maybe thats why she was crying that day.Any chance of her plea dealing for possibly a lesser sentence went out the window. This is one sure way he just cooked her goose as far as rolling on him. And her chances become grimmer by not rolling on him.If she is found guilty she wont ever hug her kids again. I have no doubt they know exactly what each other did.
 
I wonder if he is doing this so CL wont roll on him. Because if she made a deal and testified against him, he gets to cross examine her and can spill, spill, spill. Maybe thats why she was crying that day.Any chance of her plea dealing for possibly a lesser sentence went out the window. This is one sure way he just cooked her goose as far as rolling on him. And her chances become grimmer by not rolling on him.If she is found guilty she wont ever hug her kids again. I have no doubt they know exactly what each other did.

Interesting thought... And I agree on what each knows. But the State calls CL as a witness, AL/or whomever is doing his Def by trial WILL have the opportunity to Cross Examine CL and every witness. << That is a given. She may plea the 5th.. but could she do that "IF" she were to plea?

I have been reading and some things are really interesting. I guess I always "assumed" that a Plea deal was a "done deal" so to speak. But in reading, I saw where Example... plea guilty get *advertiser censored*. That's the deal that the Pros makes and recommends to the court. Its up to the JUDGE as to whether he takes the Pros Attny recommendations on the time. Judge can go with the recommendations or impose his/her own sentence.

Also, on the Pro Se, If I am understanding it correctly, AL could by trial not actually be doing the trial itself. Its kinda confusing but pretty interesting. Also in some of the stuff, it talks about how many cases a Pub Def office has and/or any attorney and how they are spread thin. It goes on to say that some want to do their own case Pro Se because they don't feel the lawyers are doing enough on their case. I wish the Media was better at saying what all went on in court. LOL. :tantrum: Like what the Judge asked AL and CL... and their answers.
 
AL is just sealing his own fate and not smart enough to realize it.

True. I watched the Fox News special on Scott Peterson who is currently on death row for murdering his wife and unborn son. I saw a lot of similarities between his behaviour and attitude and that of AL.
 
I wonder if he is doing this so CL wont roll on him. Because if she made a deal and testified against him, he gets to cross examine her and can spill, spill, spill. Maybe thats why she was crying that day.Any chance of her plea dealing for possibly a lesser sentence went out the window. This is one sure way he just cooked her goose as far as rolling on him. And her chances become grimmer by not rolling on him.If she is found guilty she wont ever hug her kids again. I have no doubt they know exactly what each other did.

Can she testify against him? Does marital privilege prevent this? (I forgot the rules when both spouses are charged with same crime.)
 
LOL!!! sorry, but like I said I don't think the Court is going to allow AL to act a fool... :happydance:

ORDER

Comes now for consideration the Defendant's "Motion for Production of Materials to
Indigent Person," "Motion for a [illegible] Hearing to Hear Verbal Motion," and "Motion to
Compell [sic]," and based upon a review of the case file, the Defendant's pleadings, and all other
matters considered, the Court DOTH FIND:

The Defendant is charged with capital murder, kidnapping, and possession of firearms by
certain persons. He filed the instant motions on March 17,2015.
The Defendant's first motion requests that the public defender's office provide him with
a laptop, an external hard drive, and a copy of the Court Rules "to remain on loan for the
duration of the current case[.]" The Defendant has neither filed an affidavit of indigency nor
provided this Court with any reason why the public defender's office has a duty to provide him
with these materials. This Court will provide the Defendant with a copy of the Rules of Criminal
Procedure.

The Defendant's second motion requests that this Court set a hearing so that he may
present "verbal motions regarding Discovery, Suppression, and [illegible] of seized things" As <--- So either AL was talking abt the mail or wasn't clear
previously noted in this Court's March 11,2015, Order, the Defendant resides in the Arkansas
Department of Corrections as a result of parole violations out of Benton and Washington
Counties. The ADC is not aparty to this case, and the Court has no jurisdiction over that
department's enforcement of their regulations. An omnibus hearing is currently set for June 1, <-----LOL no road trip til June!
2015, at which time Defendant may raise issues regarding suppression.

Turning to Defendant's third and final motion, he asserts that he sent a written request to
the prosecuting attorney's office on March 4,2015 regarding disclosure under Arkansas Rule of <--- Yep, Hensley had already asked for that stuff!
Criminal Procedure 17.1, and he requests this Court compel the state to comply with this request.
This Court has received notification from the prosecuting attorney that they have complied with
the Defendant's request and sent him the discovery materials in question. This motion is now
moot.
THEREFORE
 
The Defendant has neither filed an affidavit of indigency nor
provided this Court with any reason why the public defender's office has a duty to provide him
with these materials. This Court will provide the Defendant with a copy of the Rules of Criminal
Procedure.


To me, this part in particular really drove home the point that one needs a real lawyer and that getting lucky and winning a lawsuit against a prison does not mean one is qualified and/or able to lead a capital murder defense. That is probably law school 101 stuff right there.

He's out of his league.
 
Well Goofball AL has refiled his suit against the Prison on reading his legal mail. 51 pages (that's including exhibits). I had to laugh, you can tell AL is upset, "YOU PEOPLE DONT GET IT" He also states that he has the BIGGEST CASE IN THE STATE. He also states and asks about the 5 picture limits. He states he has over 100 pictures (from the case file, crime scene so forth) and he tell them that he can assure them they have no way of knowing which is personal and which are related to case just by looking at them. He also still has his case against the Pul Cty Jail. He has all the Jane/John Doe people identified.

Also states unable to use the law library with out a court order. He gives dates and to whom (14 incidents) where his legal/privileged mail has been read. Arkansas Dem Gaz , Fox 16, US Fed courts, couple lawyers..

^^^^^ All that AND a Capital Murder Trial to work on... bit off more than he has sense enough to realize.
 
Let me see it I remembered how to do this
 

Attachments

  • al v tucker re mail feb 24 2015.pdf
    1.1 MB · Views: 41
Have a link? For some reason, I can't find it. :(
It was on Pacer, because it was on the FED suits... see if you can open it up, lol I have only uploaded a few times and been a long time. :)
ROFL.. being nosey cost me $5.10 no combo meal lunch today, but it was worth it :jail: tell me if you can "feel" his frustration
 
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