Breaking News/State files Brief Today in Young Case.10/20/14

[Madeleine74]

Absolutely! So glad Mr. Sledge finally got the DNA testing. DNA testing didn't exist when the crime he was accused of committing in 1977 (or 78?) occurred. The only thing they could determine at the time is limb hairs came from a black man. Obviously not good enough by any standards. That and false witness testimony where he allegedly confessed to 1 or 2 guys in prison that he did the crime. The cases we see overturned usually are ones where the conviction occurred before there was DNA testing available and false witness testimony convinced the jury. All these Innocence Commissions have a high standard to accepting a case, and DNA testing that will absolve a convicted person is one of their primary tools. The tragedy is how long it takes to actually get evidence tested so that the person's innocence can be proved.

 

[MyBelle]

Looks like the NC Supreme Court is starting off 2015, again correcting the liberal, inept CoA judges!

Remember the sicko Joshua Stepp that sexually assaulted and murdered his girlfriend's 10 month old baby girl?

Well, true to form, the NC Court of Appeals overturned the conviction last year and awarded a new trial.....imagine that!

Thankfully, the wise judges on the SC once again reversed the CoA and upheld the 1st degree murder conviction.

This seems to be a consistent pattern. The liberal CoA declare a new trial and the SC takes the case and rightfully reverses their decision.

http://www.wral.com/nc-supreme-court-upholds-wake-man-s-conviction-in-toddler-s-death/14383238/

I fail to see any relevant similarity between that case and the Young case. The Appeals Court issued a divided opinion in that case but were unanimous in the Young case.

Stepp admitted to the murder, Young has not admitted anything at all.

JMO

 

[MyBelle]

"medium custody" at Alexander Correctional just means he can go to the yard without shackles. That prison is NC's max of the max.
https://www.youtube.com/watch?v=JprOkDtPHUc

Why was there a hung jury in trial #1, you asked?
He took the stand and lied as the sociopath extraordinaire that he is.
The performance was rehearsed for years, with nobody even hearing an audition.
As expected, he was busted in trial #2 , when his lies and deceit , especially about the night at the Cracker Barrel and Hampton Inn, hung him for sure.

BBM. Inside a prison there is no need for shackles because there are cells and guards. I've never heard of shackles being used for anything other than transport. NC doesn't mention shackles are used.

Medium Custody
Prisons have all programs and activities operating within the unit. Programs include academic and vocational education, substance abuse treatment, psychological and other counseling programs and varied work assignments. When working outside the prison, inmates are under the supervision of armed personnel.

https://www.ncdps.gov/Index2.cfm?a=000003,002240

 

[JusticeFever]

Appeals in the Young and Cooper case were based on different judicial errors but I don't see any way around this one.

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.

 

[JusticeFever]

Looks like yet another wrongly convicted man in North Carolina was released.

http://news.yahoo.com/judges-70-old-nc-man-wrongly-convicted-4-184538165.html

"Justice" in North Carolina seems to be accusing and convicting the wrong people, with the crowds cheering on the Police and Prosecutors. I am forever thankful that I left this horrid state where you are guilty until proven innocent.

Sickening.

Another one...I wonder what the stats in NC are for wrongful convictions being overturned.

 

[JusticeFever]

"medium custody" at Alexander Correctional just means he can go to the yard without shackles. That prison is NC's max of the max.
https://www.youtube.com/watch?v=JprOkDtPHUc

Why was there a hung jury in trial #1, you asked?
He took the stand and lied as the sociopath extraordinaire that he is.
The performance was rehearsed for years, with nobody even hearing an audition.
As expected, he was busted in trial #2 , when his lies and deceit , especially about the night at the Cracker Barrel and Hampton Inn, hung him for sure.

Isn't there a psych evaluation for new prisoners when they are admitted? I am pretty sure JY was not labeled as such or he wouldn't be in the general population, but I don't know for sure.

Both Jury 1 and Jury 2 had Gracie Calhoun as a eye witness to place JY at a gas station outside of the hotel at a time he shouldn't have been there and in the wrong direction he would be travelling in.That should have been enough to convict.

I don't believe that it was Jason's testimony that hurt him that much, but rather the rulings that were allowed in the second trial.Yes, there were some inconsistencies, that he would have had years to perfect. The fact that he didn't says a lot too.

I have no idea what is going to happen, I don't think anyone does.



.

 

[tarheellvr]

ahhhh psych exams........ wonder how JY avoided taking one? Somehow I'll bet he didn't the second time.

No, we don't know what will happen but thank God the odds are in favor of justice.......and yes, I do support the DA's office when I am 110% assured their work has led to a conviction of the right person.

 

[JusticeFever]

NC has had more than their share of overturned convictions , look at these stats on these somewhat high profile cases:

Michael Peterson: overturned conviction, waiting new trial, would refuse a plea deal if it involves jail time
Raven Abaroa: hung jury; Alford plea
Brad Cooper: overturned conviction, took 2nd degree
Jason Young: mistrial, conviction, overturned conviction: SC to make ruling

 

[Landonsmom02]

NC has had more than their share of overturned convictions , look at these stats on these somewhat high profile cases:

Michael Peterson: overturned conviction, waiting new trial, would refuse a plea deal if it involves jail time
Raven Abaroa: hung jury; Alford plea
Brad Cooper: overturned conviction, took 2nd degree
Jason Young: mistrial, conviction, overturned conviction: SC to make ruling

Fortunately 3 out of 4 are in prison. Just because their convictions were overturned doesn't mean they are innocent. IMO, all 4 are guilty based on evidence presented at their trials. It still blows my mind that MP is out on bail and BC took a plea when he had a chance at a second trial....which would "prove he was innocent."

 

[Just the Fax]

Fortunately 3 out of 4 are in prison. Just because their convictions were overturned doesn't mean they are innocent. IMO, all 4 are guilty based on evidence presented at their trials. It still blows my mind that MP is out on bail and BC took a plea when he had a chance at a second trial....which would "prove he was innocent."

Raven and Brad admitted they killed their wives and will live their lives as shunned, convicted violent felons.

Peterson loves the spotlight and is insisting on a second trial. I look forward to the owl defense theory

It appears (from SC decisions) it is a huge long-shot for JLY to get a new trial.
Thankfully, JUSTICE will very likely prevail.

 

[Madeleine74]

Raven and Brad admitted they killed their wives and will live their lives as shunned, convicted violent felons.

Peterson loves the spotlight and is insisting on a second trial. I look forward to the owl defense theory

It appears (from SC decisions) it is a huge long-shot for JLY to get a new trial.
Thankfully, JUSTICE will very likely prevail.

Actually Raven did not admit to killing Janet. Under the Alford plea he didn't have to admit guilt. But he'll still have the felony charge on his record and that will stick.

Brad did not have to take a plea no matter what anyone says and he had no opportunity for an Alford plea, so it was straight-up 2nd degree murder. It was totally his choice whether to go to trial and prove his allegations of tampering, as he claimed through his attorneys he would and could do, or take the plea.

As an aside, I heard, though don't have corroboration, that Brad's parents hired or utilized a local NC attorney at some point before the plea decision was made, and asked this attorney to go look at the state's case independently and apart from the assigned public defender attorneys assigned to Brad and provide his/her opinion. The way I heard it, this hired independent attorney looked through the state's evidence and reported back to the parents that based on the compelling evidence this attorney saw, Brad should absolutely take the plea as it was a sweetheart deal. Like I said, I don't know if that's accurate or true, but it's what I heard at the time. The bottomline though is it was a choice, and by admitting he killed his wife he will never be able to 'clear his name,' he'll never be able to appeal the conviction, and he'll always be a wife killer and the killer of 2 little girls' beloved mommy.

 

[JusticeFever]

Raven will be released from jail and can get hit by a bus for all I care.

Peterson is getting old and will probably croak before a new trial.

Cooper will return to Canada where his family is and at least be out of prison.

Young is too close to call on what will happen, a retrial, a plea or another appeal if this one fails.

 

[Just the Fax]

Yes, I forgot Raven Abaroa was offered voluntary manslaughter with an Alford plea after a 11-1 hung jury in the first trial. Amazing that Durham County would settle for such a plea.

As for JLY, if the NC Supreme Court reverses the CoA (most likely outcome), his only option is to petition the US Supreme Court to hear his case....good luck with that.

 

[Just the Fax]

State's response to JLY's motion for appropriate relief.....ineffective assistance of trial counsel.

http://www.ncappellatecourts.org/show-file.php?document_id=166609

 

[otto]

Appeals in the Young and Cooper case were based on different judicial errors but I don't see any way around this one.

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.

Point number 3? I'll read it now. Does the state deny that this law? ... is it a law? ... what is a NCGS document?

Which item relates to the child's alleged comments?

http://www.ncappellatecourts.org/show-file.php?document_id=166609

 

[otto]

Do I understand correctly?

Young says this (comment #104):

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.

The State says this: http://www.ncappellatecourts.org/show-file.php?document_id=166609

One says that no civil pleading can be used to infer something in a criminal prosecution. The other claims that there is an exception to that restriction.

Question: Is there an exception to N.C.G.S. §1-149, as stated by the State, or is the State proposing that their objection should be included in N.C.G.S. §1-149?

 

[otto]

Is there a precedent where, in spite of the accused having said nothing and there being no evidence, the civil ruling is that the accused is a "slayer"; a murderer, and where this ruling has been accepted as evidence at a previous criminal prosecution trial? That is, has there ever been a criminal prosecution where a strong argument was made for guilt because the civil court ruled that the accused is guilty of murder?

Is there a precedent where the person has been found guilty of murder in a civil case, and the criminal prosecution case has attempted to strengthen the murder case with the civil trial decision? If Jason had said something, or if the decision was based on a trial, perhaps it would be relevant, but the man said nothing. No conclusion could be drawn from the civil case except that the accused was listening to his lawyer and remaining silent.

The civil case was easily recognized as a fishing expedition on behalf of investigators and family; Jason did not participate in their fishing expedition. He was deemed a murderer. Should evidence that he has been deemed a murderer be entered into the criminal prosecution where the actual question is whether he is a murderer; whether the civil court got it right?

It seems like a clear case of "Begging the Question", in the classic sense of the phrase.

 

[otto]

This is how I see it logically:

A - Jason
B - Murder

Question: Did A cause B? A-->B?
Premise: A-->B is true.

Assuming that QED is a premise of the argument is begging the question (in the classic sense).

 

[otto]

It's funny to see the prosecutor's office; the voice of the people, argue that because facts entered into court regarding the theft of 13 pianos were entered into both civil and criminal court, a civil ruling that the accused is a murderer should to be entered in criminal proceedings where the question is whether the accused is guilty of that same murder. I'm not seeing the connection. Is the prosecutor's office deliberately, or by blindness, depicting the voice of the people as absurd? Does the prosecutor's office not recognize the difference between court evidence entered in the theft of 13 pianos accepted by both civil and criminal court, and a ruling where silence in civil court is interpreted as guilt for murder in criminal court?

Next, the prosecution is droning on about a case where the accused gave evidence in a civil trial. Is the prosecutor's office so confused that it doesn't understand that unrelated cases are irrelevant? Jason did not respond to the civil case. There is no comparison to a case where the accused responded.

McNair's stolen car is obviously as far from a similar case as that of the 13 pianos.

I almost want to tell the prosecution to step up or be quiet ... now to read the fourth case.

... a bigamous marriage, the fifth a car accident, the sixth regarding false pretences and real estate. Nope, not buying it. Nice try, but the previous referenced cases are unrelated as far as I can see. That is, there is a fact of Jason's case that is not mirrored in any of the cited ruling.

... and it's not about "parsing words", as the State suggests. The State is attempting to pull the wool over the people's eyes with this one, arguing that if someone is deemed a slayer; a murderer, in civil court, the criminal court should accept that ruling into evidence; including when excepting the fact that the accused did not respond.

 

[otto]

Yes, I forgot Raven Abaroa was offered voluntary manslaughter with an Alford plea after a 11-1 hung jury in the first trial. Amazing that Durham County would settle for such a plea.

As for JLY, if the NC Supreme Court reverses the CoA (most likely outcome), his only option is to petition the US Supreme Court to hear his case....good luck with that.

Why so pessimistic? I read only one of the seven points, and I didn't see a valid argument on behalf of the People; I don't think it's in the People's best interests to have civil murderer declarations entered into criminal prosecutions. If the other six points are similar arguments, I think Jason will have a new trial, and he will use his position to take an Alford Plea; time served.

IF there's one flaw in the argument, such as the N.C.G.S. §1-149, it is sufficient to annul the entire response to the appeal. All of it has be sound, not only 6/7 points.