CONVICTION OVERTURNED GA - Ross Harris Trial Appeal, hot car death of son, Cooper

Jewels53

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Two years and four months after Justin Ross Harris was convicted in the sensational hot-car murder trial, his appeal still has a ways to go, his new lawyer said Tuesday.


During a brief court hearing, Marietta attorney Mitch Durham said he’s yet to read all of the thousands of pages of court transcripts for the case and will need quite a bit more time before he finishes.

“We are still going through it,” Durham told Cobb County Superior Court Judge Mary Staley Clark. In describing the enormous record he has to examine, Durham indicated it stands several feet tall if all the volumes are stacked atop one another.

...

Staley Clark said she will schedule another status hearing in about six months to get another update.

After the hearing, Durham said he did not expect to be finished preparing the new trial motion by the time Staley Clark holds the next hearing. But he said he expects to have a good idea of when he will be ready by the time it is held.

Ross Harris’ hot car murder appeal still a work in progress
 

gregjrichards

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Two years and four months after Justin Ross Harris was convicted in the sensational hot-car murder trial, his appeal still has a ways to go, his new lawyer said Tuesday.


During a brief court hearing, Marietta attorney Mitch Durham said he’s yet to read all of the thousands of pages of court transcripts for the case and will need quite a bit more time before he finishes.

“We are still going through it,” Durham told Cobb County Superior Court Judge Mary Staley Clark. In describing the enormous record he has to examine, Durham indicated it stands several feet tall if all the volumes are stacked atop one another.

...

Staley Clark said she will schedule another status hearing in about six months to get another update.

After the hearing, Durham said he did not expect to be finished preparing the new trial motion by the time Staley Clark holds the next hearing. But he said he expects to have a good idea of when he will be ready by the time it is held.

Ross Harris’ hot car murder appeal still a work in progress

It is not unexpected but he has some nerve appealing. I can’t see this appeal being successful.
 

BrownRice

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DaisyKenny

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From the Daily Mail article:
Janette Fennell, the founder and president of KidsandCars.org, an organization focused on educating the public about the dangers of leaving children in hot cars, agrees with Rodriguez that Ross Harris is innocent.

This reminds me of sentencing when the judge pointed out that RH mentioned twice (just a couple hours after his son died) how he wanted to become an advocate to educate parents about the dangers of hot cars.

Thank God RH was convicted of malice murder because well-intended efforts like KidsandCars.org and the Look Again campaign are meant to educate parents, not give them ideas to rid themselves of their responsibilities because they think everyone will view them as a sympathetic figure and automatically assume it was the result of forgetfulness.
 

MsMarple

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Cooper would be almost 7 yrs old. Enjoying life playing ball, soccer, swimming and running around. He would be in the 1st grade now maybe going into 2nd.

RIP Cooper
And just as aside, I've noticed that Cooper's mother Leanna - who couldn't come up with funds for Cooper's headstone and asked the public to cover the cost even though she had funds for contacts and a nice tattoo to memorialize him - had said in multiple interviews that she plans to "spread the word" about hot cars in hopes of helping to prevent other deaths yet as of today has done zero towards that goal.

Yeah, I'm being a little pissy but really, all her public moaning and groaning and rants never seemed to go beyond her focus on herself. IMO both of these people deserve public derision and in Ross' case, the jail sentence. Good luck with your appeal Ross.
 

Jewels53

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And just as aside, I've noticed that Cooper's mother Leanna - who couldn't come up with funds for Cooper's headstone and asked the public to cover the cost even though she had funds for contacts and a nice tattoo to memorialize him - had said in multiple interviews that she plans to "spread the word" about hot cars in hopes of helping to prevent other deaths yet as of today has done zero towards that goal.

Yeah, I'm being a little pissy but really, all her public moaning and groaning and rants never seemed to go beyond her focus on herself. IMO both of these people deserve public derision and in Ross' case, the jail sentence. Good luck with your appeal Ross.

Very well stated MsMarple! Your post deserved more that just a like it deserves a Love!
 

Jewels53

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MARIETTA — The possibility of a new trial for convicted Cobb murderer Justin Ross Harris is slowly progressing in Cobb County Superior Court.
.....
The motion for a new trial was set down for a status conference before Cobb Superior Court Judge Mary Staley Clark on Monday morning, when she delayed the case another six months, scheduling the status conference to come before her on March 23 next year.

But Staley Clark, who presided over the entire Harris murder trial, gave his lawyers an opportunity to speed up their appeal if they find themselves ready to proceed before March 23, 2020.

“If in that time period you realize you’re ready, rather than coming to the status calendar and telling me you’re ready next month, come and see me in chambers and I’ll give ya’ll a special setting that will comport with the amount of time you need,” she told Harris’ lawyer Mitch Durham in court.

Justin Ross Harris' new murder trial request progresses in Cobb Superior Court
 

Jewels53

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NEWS
16 hours ago
By
A Cobb County judge has set a hearing for Justin Ross Harris’ first round of appeals in the notorious hot car murder case.


Superior Court Judge Mary Staley Clark set aside three days to hear Harris’ motion for a new trial on Dec. 14-16. This will be more than four years after Harris was convicted of intentionally leaving his 22-month-old son Cooper in the family’s sweltering SUV to die on June 18, 2014.

Judge sets hearing for Justin Ross Harris in hot car murder case

I am guessing that is December 14-16 of 2020. This article was written yesterday May 5, 2020.
 

Jewels53

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So what is his appeal based on? I'm confused.
From the same article above.

"Harris’ lawyers insisted their client left the son he loved in the car by mistake."

If you believe that it was a mistake then he gets a new trial I guess. I don't know how they are going to prove it and if so why didn't they prove that during the regular trial.

jmo imo moo
 

jenn83

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From the same article above.

"Harris’ lawyers insisted their client left the son he loved in the car by mistake."

If you believe that it was a mistake then he gets a new trial I guess. I don't know how they are going to prove it and if so why didn't they prove that during the regular trial.

jmo imo moo
I didn't know you just could file for a new case if you just didn't agree with the verdict. I was wondering if they were saying there is some error or some legal mumbo jumbo but I live in the same area and couldn't find the reason in any local news story.
 

MsMarple

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ross-harris-new-trial-motion.jpg

Ross Harris seeks new trial in 2014 hot car death of 22-month-old son
 
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MsMarple

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I didn't know you just could file for a new case if you just didn't agree with the verdict. I was wondering if they were saying there is some error or some legal mumbo jumbo but I live in the same area and couldn't find the reason in any local news story.
Ugh, my reply got deleted so trying again... Yeah, part of it's the old lack of reasonable doubt and part of it is claiming that adding the charges of sexting with a minor into the murder charges prevented Ross from having a fair trial.

September 2019:
At the beginning of 2017, Harris’ lawyers filed a motion in Cobb Superior Court for a new trial, claiming the court made several errors that effectively denied Harris a fair trial.

This reportedly included allowing Harris to stand trial for both the death of his son and charges that he sent explicit photos to a minor, and preventing the defense from challenging the credibility of Cobb police detectives.
...
In their motion for a new trial, Harris’ attorneys state that his conviction is “contrary to the evidence and the principles of justice and equity” and that the prosecution did not disprove their assertion that Cooper’s death was an accident “beyond a reasonable doubt.”
Justin Ross Harris' new murder trial request progresses in Cobb Superior Court
Original documents.
 

jenn83

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Ugh, my reply got deleted so trying again... Yeah, part of it's the old lack of reasonable doubt and part of it is claiming that adding the charges of sexting with a minor into the murder charges prevented Ross from having a fair trial.

September 2019:
At the beginning of 2017, Harris’ lawyers filed a motion in Cobb Superior Court for a new trial, claiming the court made several errors that effectively denied Harris a fair trial.

This reportedly included allowing Harris to stand trial for both the death of his son and charges that he sent explicit photos to a minor, and preventing the defense from challenging the credibility of Cobb police detectives.
...
In their motion for a new trial, Harris’ attorneys state that his conviction is “contrary to the evidence and the principles of justice and equity” and that the prosecution did not disprove their assertion that Cooper’s death was an accident “beyond a reasonable doubt.”
Justin Ross Harris' new murder trial request progresses in Cobb Superior Court
Original documents.
Thank you!
 
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