Still Missing MI - Danielle Stislicki, 28, Southfield, 2 Dec 2016 *ARREST* #16

Nina Michigan

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ope, duplicate
 
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BiminiBread

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The Judge Ruled in December to supress the evidence because of how the evidence was obtained by LE. The AG appealed the ruling because they lost, therefore the case gets disposed at the Circuit Court and goes to the Appelate Docket until the appeal process is complete and then .... back to circuit for trial.
 

Niner

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The Judge Ruled in December to supress the evidence because of how the evidence was obtained by LE. The AG appealed the ruling because they lost, therefore the case gets disposed at the Circuit Court and goes to the Appelate Docket until the appeal process is complete and then .... back to circuit for trial.

Do you know "which" Circuit Court it went to? I have quite a few bookmarked in Michigan. TIA! :)
 

BetteDavisEyes

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FG's trial was supposed to begin on March 23, 2023. That date has come and gone. Will FG ever stand trial for the disappearance of Danielle Stislicki? This is beyond frustrating!

 
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Ozoner

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Some key evidence was excluded. What are the prosecution's chances of winning the appeal? I don't see that law enforcement did anything wrong. The polygraph examiner came forward of his own volition. He may have violated professional ethics, but that isn't law enforcement's fault, is it? I admit that I have no knowledge of the laws that would apply to a situation like this.
 

Nina Michigan

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Some key evidence was excluded. What are the prosecution's chances of winning the appeal? I don't see that law enforcement did anything wrong. The polygraph examiner came forward of his own volition. He may have violated professional ethics, but that isn't law enforcement's fault, is it? I admit that I have no knowledge of the laws that would apply to a situation like this.
I believe the polygrapher broke privilege.
 

BetteDavisEyes

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^ A judge ruled Wednesday to suppress evidence against an accused murderer, concluding that allowing it would violate the accused's due process rights.

Prosecutors will not be able to use information from and evidenced seized as a direct result of a lie detector test given to Floyd Galloway by his defense team as part of the investigation into the disappearance of Danielle Stislicki, 28, of Farmington Hills. Evidence seized from search warrants "that contained or (were) built upon the privileged information" will be determined at a different time.

Galloway's defense attorney, Ellen Michaels, said that Oakland County police officers, the state Attorney General's office and a private polygraph examiner shared results from a private lie detector test given to Floyd Galloway and used it to obtain search warrants and enable the AG's Office to build a case against Galloway in the Dec. 2, 2016, disappearance of Stislicki...
 

Niner

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4/6/23: (20) Brief Appellant

Party Attorney Service Date Oral Argument Requested Timely
People of MI Shimkus, Scott 4/6/2023 Yes Yes

link: https://www.courts.michigan.gov/c/courts/coa/case/364083


Going to guess that this is the prosecutor filing an objection to the Judge's order the previous day - article posted on #34 above. ??

It won't let me "open" it to look...
 

Ozoner

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I believe the polygrapher broke privilege.
Yes. The question is, should law enforcement be penalized for what that polygraph examiner did?

I don't think that investigators did anything wrong. I don't think that they should be required to ignore information brought to them by someone breaking privilege any more than they should be required to ignore an unsolicited confession. The law might say otherwise. Does anyone here know what statute or statutes would apply?

If there's no statute dealing with this specific issue, there might be case law that has established a precedent.
 

Nina Michigan

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Yes. The question is, should law enforcement be penalized for what that polygraph examiner did?

I don't think that investigators did anything wrong. I don't think that they should be required to ignore information brought to them by someone breaking privilege any more than they should be required to ignore an unsolicited confession. The law might say otherwise. Does anyone here know what statute or statutes would apply?

If there's no statute dealing with this specific issue, there might be case law that has established a precedent.
My dad was a criminal defense attorney and I wish he was still here to explain. Anything obtained via this broken privilege is fruit of a poisoned tree. JMO IMO therefore inadmissible
 

Niner

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Just some updates....

Appeal site updates:

Can not copy & paste from this court site - so am typing it up.

4/18/2023 21 Motion: Extend Time - Appellee

4/25/2023 22 Submitted on Administrative Motion Docket

4/26/2023 23 Order: Extend Time - Applellee Brief-Grant

5/25/2023 24 Brief: Appellee

5/25/2023 25 Noticed

5/31/2023 26 Correspondence Received

5/31/2023 27 Correspondence Received

6/1/2023 28 Electronic Record Filed.

link: https://www.courts.michigan.gov/c/courts/coa/case/364083


and from the court site updates since last time:

Date Code Desc
05/31/2023 SEN SENT TO COA/FTP/KK

05/26/2023 NTC NOTICE FILED REQ FOR FILE COA Order Document

02/09/2023 ORD ORDER FILED COA

link: Court Explorer
 

clinteastwood

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Yes. The question is, should law enforcement be penalized for what that polygraph examiner did?

I don't think that investigators did anything wrong. I don't think that they should be required to ignore information brought to them by someone breaking privilege any more than they should be required to ignore an unsolicited confession. The law might say otherwise. Does anyone here know what statute or statutes would apply?

If there's no statute dealing with this specific issue, there might be case law that has established a precedent.
Just seems disgusting and ridiculous to exclude the evidence that came from fgj’s polygraph. Obviously, he gave up that information. What was the point of doing a polygraph?!
 
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