GUILTY - Tammy Moorer - trial for Kidnapping Heather Elvis, 8 Oct 2018 *Appeal 2022* #11

[JerseyGirl]

Sidney Moorer is currently being retried in the Kidnapping of Heather Elvis:

Sidney Moorer Retrial (after Mistrial) for the kidnapping of Heather Elvis, 9 Sept 2019

 

[razzledazzle]

Deadline for Tammy Moorer to provide information on Heather Elvis’ disappearance is here

Wednesday is the last day Tammy Moorer can provide information on the whereabouts of Heather Elvis and possibly have her prison sentence reduced.

According to Solicitor Jimmy Richardson, a statute was passed within the last few years that states if an inmate helps in an investigation within the first year of being incarcerated, they can apply for a “downward departure” to try and have time shaved off their sentence.

I don't expect we will hear anything from her. JMO

 

[TTF14]

Deadline for Tammy Moorer to provide information on Heather Elvis’ disappearance is here

Wednesday is the last day Tammy Moorer can provide information on the whereabouts of Heather Elvis and possibly have her prison sentence reduced.

According to Solicitor Jimmy Richardson, a statute was passed within the last few years that states if an inmate helps in an investigation within the first year of being incarcerated, they can apply for a “downward departure” to try and have time shaved off their sentence.

I don't expect we will hear anything from her. JMO

Nope. No way, no how.

 

[bestill]

Only hope is Sidney... now we wait, but I'm not hopeful that he'll talk.

 

[Renee110]

Only hope is Sidney... now we wait, but I'm not hopeful that he'll talk.

I don’t believe he knows where Heather is. I don’t believe TM trusted him enough to let him know. I think others disposed of poor Heather and that’s why he said at his sentencing he couldn’t give the Elvis’s closure. MOO

 

[TTF14]

I don’t believe he knows where Heather is. I don’t believe TM trusted him enough to let him know. I think others disposed of poor Heather and that’s why he said at his sentencing he couldn’t give the Elvis’s closure. MOO

I think this is possible. And maybe after the last of those people dies, someone will talk.

 

[Knox]

Looks like Tammy has had some medical treatment recently - https://public.doc.state.sc.us/scdc-public/inmateDetails.do?id= 00378074
I wonder if she and Sid communicate with each other?

 

[cujenn81]

The Generation Why Podcast - Heather Elvis - 425 on Stitcher

Generation Why Podcast releases episode about the Heather Elvis case

 

[spiritseeker31]

I'll have to check out this podcast.
Meanwhile, I'm thankful every day that these two are behind bars!

 

[Gardenista]

Nancy talks quite a bit in this show, Court Cam Under Oath

Court Cam Presents Under Oath S01E11

 

[Knox]

I'll have to check out this podcast.
Meanwhile, I'm thankful every day that these two are behind bars!

Me too!! I check on them periodically- Incarcerated Inmate Search and also PC to see if she mentions them. I was worried for a while that the crazy rapper was actually going to file something on their behalf. But I think he faded into oblivion, thank goodness. I'd hate to see DE & TE endure any more courtroom drama.

Do any of you think Heather will ever be found? What in God's name did they do to her?

 

[Niner]

Tammy Moorer appeals kidnapping conviction, defense questions 'fair trial'

Dec. 10, 2021
COLUMBIA, S.C (WPDE) — The attorneys for Tammy Moorer had their day in court to officially appeal the 2018 conviction.
[.....]
Moorer was convicted of kidnapping and conspiracy to kidnap. That resulted in a 30-year prison sentence for Moorer.

“We respectfully ask this court to direct a verdict in Ms. Moorer’s favor," said Moorer's attorney Lara Mary Caudy.

Caudy argues that the prosecution and judge erred in the 2018 case. The defense claims that the judge's action to deny the testimony of Moorer's children, mother, and an additional witness damaged her due process right to have a defense. The defense alleges these family members were to testify and provide an alibi for Moorer on the night that Elvis went missing.
[.....]
“The judge’s exclusion of these witnesses was an extreme remedy that basically sawed off the appellant's defense at the knees," Caudy said before the SC Appeals Court three-judge panel. “She simply did not receive a fair trial.”

The issue surrounds a sequestration order. That's when a judge orders witnesses to not pay attention to trial facts or proceedings so that it does not tamper with their bias or testimony. During the 2018 trial, an Horry County Sheriff's Deputy was alerted that several of Moorer's family were watching the trial via live stream before providing their own testimony. While Moorer's sister was allowed to take the stand and talk about Moorer's whereabouts that night, no other family member in the defense team's lineup was permitted to speak.
[.....]
Caudy also argued that the prosecution's reliance on the forensic analysis of Grant Fredericks was subjective and did not provide sufficient evidence for them to draw the conclusion that the state could identify Sidney Moorer's truck leaving the Peachtree Landing the night of Elvis' disappearance solely based on the truck's headlights.
[.....]
The defense for Moorer also appealed that the use of extensive phone records and explicit text messages by the prosecution violated several rules of what is and is not admissible evidence.
[.....]
Sidney Moorer was denied an appeal of his obstruction of justice conviction in relation to the case back in the summer of 2020. He filed a petition to have the State Supreme Court look at the case.

The decision by the SC Court of Appeals for Tammy's case is uncertain. If the appeal is denied, she can also petition to have the state Supreme Court look over the case.



A lot more in article.

 

[jash]

Tammy Moorer appeals kidnapping conviction, defense questions 'fair trial'

Dec. 10, 2021
COLUMBIA, S.C (WPDE) — The attorneys for Tammy Moorer had their day in court to officially appeal the 2018 conviction.
[.....]
Moorer was convicted of kidnapping and conspiracy to kidnap. That resulted in a 30-year prison sentence for Moorer.

“We respectfully ask this court to direct a verdict in Ms. Moorer’s favor," said Moorer's attorney Lara Mary Caudy.

Caudy argues that the prosecution and judge erred in the 2018 case. The defense claims that the judge's action to deny the testimony of Moorer's children, mother, and an additional witness damaged her due process right to have a defense. The defense alleges these family members were to testify and provide an alibi for Moorer on the night that Elvis went missing.
[.....]
“The judge’s exclusion of these witnesses was an extreme remedy that basically sawed off the appellant's defense at the knees," Caudy said before the SC Appeals Court three-judge panel. “She simply did not receive a fair trial.”

The issue surrounds a sequestration order. That's when a judge orders witnesses to not pay attention to trial facts or proceedings so that it does not tamper with their bias or testimony. During the 2018 trial, an Horry County Sheriff's Deputy was alerted that several of Moorer's family were watching the trial via live stream before providing their own testimony. While Moorer's sister was allowed to take the stand and talk about Moorer's whereabouts that night, no other family member in the defense team's lineup was permitted to speak.
[.....]
Caudy also argued that the prosecution's reliance on the forensic analysis of Grant Fredericks was subjective and did not provide sufficient evidence for them to draw the conclusion that the state could identify Sidney Moorer's truck leaving the Peachtree Landing the night of Elvis' disappearance solely based on the truck's headlights.
[.....]
The defense for Moorer also appealed that the use of extensive phone records and explicit text messages by the prosecution violated several rules of what is and is not admissible evidence.
[.....]
Sidney Moorer was denied an appeal of his obstruction of justice conviction in relation to the case back in the summer of 2020. He filed a petition to have the State Supreme Court look at the case.

The decision by the SC Court of Appeals for Tammy's case is uncertain. If the appeal is denied, she can also petition to have the state Supreme Court look over the case.



A lot more in article.

I still have a fear that they will somehow get away with this. I already feel like they did to some extent, given that Heather's remains have never been found.

The nerve to argue that the judge should have allowed the family to testify when they specifically disregarded the judge's orders to not watch the trial. That pretty much says everything I need to know about the family. Thank goodness they weren't too bright to not get caught.

 

[JerseyGirl]

 

[Knox]

11:20 a.m. (Time Limits: 10-10-5)
2018-001938 The State, Respondent, v. Tammy Caison Moorer, Appellant.

Chief Appellate Defender Robert Michael Dudek and Lara Mary Caudy, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

Tammy C. Moorer appeals her convictions for kidnapping and conspiracy to kidnap. On appeal, Moorer argues the trial court (1) erred in failing to grant her motion for a directed verdict because there was no direct or substantial circumstantial evidence she was involved in the victim's disappearance; (2) abused its discretion and violated Rules 403 and 404, SCRE, in admitting text messages from her phone that were sexually explicit and referenced drug use; (3) abused its discretion in qualifying Grant Fredericks as an expert in forensic video analysis and allowing him to testify as to his unreliable conclusion that Moorer's truck was the vehicle videotaped going towards and away from the place where the victim was allegedly kidnapped; (4) abused its discretion in excluding the testimony of Moorer's alibi witnesses because she failed to comply with Rule 5(e)(1), SRCrimP; and (5) abused its discretion and violated Moorer's due process rights in excluding the testimony of several members of her family because they violated the sequestration order when the witnesses denied violating the order and no evidence showed their testimony was tainted.

SC Judicial Branch

 

[Knox]

I wonder how long it will take to render a decision?

 

[Rhibread]

I wonder how long it will take to render a decision?

Gonna try and learn about the SC appellate court procedure (wish me luck LOL).

I wish they could be like, we'll consider your appeal ONLY IF you tell us where Heather is... If only.

 

[Kakidoll]

Love to know who is funding these appeals.

 

[Knox]

Love to know who is funding these appeals.

The State of South Carolina ... South Carolina Commission of Indigent Defense

 

[melodyl]

The State of South Carolina ... South Carolina Commission of Indigent Defense

Don't they own a home? Or was it in Tammy's parents name? I can see them transferring ownership to avoid having to sell it for lawyer fees, but I believe that States caught onto hiding funds & disallow using that to avoid paying after a crime has been committed. Not that I can see anyone other than another family member wanting to share the "compound" with Tammy's parents.