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PostPosted: Thu Feb 18, 2016 6:05 pm 
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So...new schedule, and a rapid one. All sides in #FreddieGray cases file briefs w/arguments heard on March 3rd

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PostPosted: Thu Feb 18, 2016 6:34 pm 
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I tried to find updates on this earlier. Can't even remember what search words I was using but got nothing but article about motion hearings tomorrow.

I'm glad you are (thanks) keeping up with all this over on the locked documents thread, because I would be like ... :98 . Excellent thread, Rumpole!

Insert the circus music ;)


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PostPosted: Thu Feb 18, 2016 7:25 pm 
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THX Molly... it's like playing a part in a play with no script.. just ad libbing....


State's highest court intervenes in Freddie Gray case, halting all lower court proceedings

Kevin Rector and Justin Fenton, The Baltimore Sun

The highest court in Maryland has agreed to hear appeals in the trials of five of the six Baltimore police officers charged in the Freddie Gray case, preventing any lower court proceedings from moving forward for the foreseeable future.

The Maryland attorney general's office, representing the Baltimore state's attorney's office, had petitioned the Court of Appeals to bypass the lower-level appeals process and expedite a review regarding questions over whether Baltimore Police Officer William G. Porter can be compelled to testify against other officers while still facing his own charges.

Porter was ordered by Circuit Judge Barry G. Williams to testify in two of the officers' cases — Officer Caesar Goodson Jr. Sgt. Alicia White — and Porter's lawyers have been seeking to overturn the decision. In the three other cases — of Officers Edward Nero and Garrett Miller and Lt. Brian Rice — prosecutors failed to convince Williams that Porter is a necessary witness, and they are seeking to overturn that decision.

The Court of Appeals' decision to take the cases means that all lower court proceedings — including the pre-trial motions hearing scheduled for Friday in Nero's trial, which was set to begin Monday with jury selection — are canceled.
[..........]
Oral arguments in all five of the cases will be heard on March 3, Barbera ordered.

There is no date by which the court must rule in the cases, though Barbera has made it a goal of the court to hand down rulings during the same term. The current term ends in September.

...more at link
http://www.baltimoresun.com/news/maryla ... story.html

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PostPosted: Thu Feb 18, 2016 7:31 pm 
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Separate legal questions for the court to consider in the two cases appealed by Porter and the three appealed by the state.

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In orders handed down Thursday, Chief Judge Mary Ellen Barbera agreed that the high court should consider the cases, but outlined separate legal questions for the court to consider in the two cases appealed by Porter and the three appealed by the state.

In the Goodson and White cases, Barbera wrote, the question at hand is: Does the state's immunity statute provide "Porter sufficient protection against self-incrimination to allow his testimony to be compelled" to the stand?

In the Nero, Miller and Rice trials, Barbera wrote, there are two questions at hand.
The first is: Does the state's immunity statute "require a court to order compelled, immunized witness testimony after verifying that the statutory pleading requirements of the prosecutor's motion to compel have been met, or does the statute instead permit a court to substitute its own discretion and judgment as to whether compelling the witness's testimony may be necessary to the public interest such that the court may deny a prosecutor's motion to compel even if the motion complies with the statute's pleading requirements?"

The second is whether "the circuit court's order denying the State's motion to compel Officer William Porter to testify is appealable i.e. whether the order is a final judgment or an interlocutory order subject to appeal or an order appealable on any other basis?"

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PostPosted: Sat Feb 20, 2016 1:35 pm 
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Freddie Gray: MD High Court Delays All Officer Trials
Posted by Andrew Branca Friday, February 19, 2016 at 8:30am

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It is also the case that Maryland tends to be rather strict about requiring a speedy trial for criminal defendants, and criminal cases are rather routinely dismissed when a defendant’s right to a speedy trial is violated. This delay in the Baltimore officers’ trials is likely to raise substantive argument for their defense counsel that their client’s rights to a speedy trial are being violated and their charges should therefore be dismissed.


http://legalinsurrection.com/2016/02/fr ... -officers/

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PostPosted: Sat Feb 20, 2016 2:34 pm 
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Very interesting that Maryland is more strict in speedy trial law than others. Who knew?
If Porter's hung jury was 11-1 for acquittal as reported, the State is proven foolish for trying him again and causing this entire fiasco. I hope all this backfires on them and the cases ARE dismissed. Spend all this money building up the community.

I know ... in a perfect world, maybe. :roll


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PostPosted: Wed Feb 24, 2016 6:22 pm 
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Mike Hellgren (Verified account)@HellgrenWJZ 6m6 minutes ago
#FreddieGray Update: Pros (AG's ofc) files 52 pages, argues Ofcr Porter should be forced to testify @cbsbaltimore

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PostPosted: Mon Feb 29, 2016 3:33 pm 
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Before Thursday's Ct. of Appeals hrn in #FreddieGray Appellees file written arguments.

Quote:
IN THE COURT OF APPEALS OF MARYLAND
_________________________
SEPTEMBER TERM, 2015
_________________________
No.(s) 96, 97 & 98
_________________________
STATE OF MARYLAND,
Appellant
v.
BRIAN RICE, EDWARD NERO, GARRETT MILLER,
Appellees

pdf 62 pages
http://www.courts.state.md.us/coappeals ... ebrief.pdf


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PostPosted: Mon Feb 29, 2016 9:10 pm 
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Second round of briefs filed with Maryland Court of Appeals
Court to decide if Officer William Porter can be compelled to testify
UPDATED 5:29 PM EST Feb 29, 2016

BALTIMORE —The second round of briefs was filed Monday with the Maryland Court of Appeals as the state's highest court decides whether or not Officer William Porter can be compelled to testify against the five other officers charged in the death of Freddie Gray.

...more at link
http://www.wbaltv.com/news/second-round ... s/38258840

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PostPosted: Mon Feb 29, 2016 9:13 pm 
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Attorneys File Responses In Gray-Related Cases
Monday, February 29, 2016
Robert Lang, WBAL NewsRadio 1090

Just days before the Maryland Court of Appeals hears oral arguments over whether Officer William Porter should be forced to testify in the trials of the other five officers accused in the death of Freddie Gray, attorneys for the other officers have filed their arguments.

In a brief filed jointly with the court on Monday, the attorneys for Porter, and Officers Edward Nero, Garrett Miller and Lt. Brian Rice argue that the state has no legal grounds to appeal Judge Barry Williams' decision denying an order that Porter testify.

...more at link
http://www.wbal.com/article/146637

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PostPosted: Wed Mar 02, 2016 2:31 pm 
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Brian Kuebler (Verified account)@BrianfromABC2 8m8 minutes ago
COA hearing tomorrow in #FreddieGray cases should last about 3 hrs. Each side gets 30 mins to argue. 3 issues.

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PostPosted: Wed Mar 02, 2016 5:23 pm 
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Porter's Attorneys Says State Considers Their Client "A Pinata"
Wednesday, March 2, 2016
Robert Lang, WBAL NewsRadio 1090

On the eve of hearing oral arguments, attorneys have filed their final written arguments with the Maryland Court of Appeals, over whether Officer William Porter should be forced to testify against the other officers charged in the death of Freddie Gray.

Attorney General Brian Frosh filed the rebuttal arguments in the cases of the three officers who arrested Gray, Edward Nero, Garrett Miller and Brian Rice.

CLICK HERE to read Frosh's arguments.

The state wants Porter to be forced to testify at their trials because they argue that it is "in the public interest."

In January, Judge Barry Williams rejected the prosecution's request.

...more at link
http://www.wbal.com/article/147156/3/po ... t-a-pinata

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PostPosted: Wed Mar 02, 2016 5:29 pm 
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Freddie Gray case shifts to state's highest court Thursday
Justin Fenton, The Baltimore Sun

Even before any verdicts have been reached against the officers charged in the death of Freddie Gray last year, the case has ended up in the state's highest court, where attorneys will spar Thursday.

The central issue facing the Court of Appeals judges revolves around the state's immunity statute, and whether Baltimore Police Officer William Porter can be forced to testify. In the cases against two officers charged in Gray's death, Porter says Judge Barry Williams violated his rights by ordering him to testify.

But in the cases of three other officers, Williams rejected prosecutors' request to force Porter to testify, and the State's Attorney's Office wants the appeals court to reverse that decision.

...more at link
http://www.baltimoresun.com/news/maryla ... story.html

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PostPosted: Wed Mar 02, 2016 11:16 pm 
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Rick Ritter (Verified account)@RickRitterWJZ 45m45 minutes ago
1/2 How Thursday will work in #FreddieGray case: Each side will have certain amount of time to present their oral argument...

2/2 Judges can interrupt, ask questions. Ultimately, 7 judges will have to come up with majority decision #FreddieGray

Decision on Thursday's arguments could take days or months. Current term for MD Court of Appeals ends September 1 #FreddieGray

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PostPosted: Thu Mar 03, 2016 1:26 pm 
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Livestream of Hearing

http://baltimore.cbslocal.com/2016/03/0 ... gray-case/

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PostPosted: Thu Mar 03, 2016 1:27 pm 
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Defense is saying everything Porter says will be live tweeted ---

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PostPosted: Thu Mar 03, 2016 1:45 pm 
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Brian Kuebler (Verified account)@BrianfromABC2 3m3 minutes ago
Proctor: the only way to protect Porter in an upcoming Manslaughter trial is to keep him off the stand. #FreddieGray





Hearing is done.

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PostPosted: Thu Mar 03, 2016 3:11 pm 
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[LIVE BLOG] Maryland Court Of Appeals Hears Freddie Gray Case
Sonia Dasgupta, CBS Baltimore

The trials of the remaining five officers charged in Freddie Gray’s death have been put on hold pending a decision from the Maryland Court of Special Appeals.

Judge Barry Williams Officer Caeser Goodson’s trial will remain in recess until the Court of Special Appeals makes a ruling into whether or not Officer William Porter will be forced to testify in the second trial in the Freddie Gray case.

Williams determined the following before Goodson’s trial:

    The Goodson trial will stay in Baltimore.
    The jury will remain anonymous, but won’t be sequestered.
    The jurors will be able to see the police van during the trial.
    The jury will not hear about Gray’s previous medical history during the trial.
    Officer Porter will have to testify in the other trials, unless Court of Special Appeals rules otherwise.


Porter’s attorneys however filed an injunction in the Court of Special Appeals saying Williams was infringing on Porter’s constitutional right to plead the fifth and not testify in the other officers’ trials.

The Court of Special Appeals issued a stay — giving Porter temporary relief from testifying.

Today they are reviewing the case and hearing arguments for why Williams’ decision to order Porter to testify in the other officers’ cases could hurt his retrial and goes against his right to plead the fifth.

Porter was the first officer to go on trial in the case, but a mistrial was declared after three days of jury deliberations in December.

The city state’s attorney has decided to retry Officer William Porter in the case — but not until June 13, 2016 — after the remaining five officers in the case are tried.

Goodson faces the most serious charge of depraved heart murder.

The judge also expects Porter to testify in the trial of Sgt. Alicia White, but said he would not force Porter to testify in the other three officers’ trials.

...more at link
http://baltimore.cbslocal.com/freddie-g ... SBaltimore

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PostPosted: Thu Mar 03, 2016 3:16 pm 
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MeghanWJZ (Verified account)@MeghanWJZ
Courtroom observers tell #wjz they expect decision shortly. Possibly today or tomorrow @cbsbaltimore #wjz #FreddieGray

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PostPosted: Thu Mar 03, 2016 7:47 pm 
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Maryland's highest court hears arguments over Porter testimony in Freddie Gray cases
Kevin Rector and Justin Fenton, The Baltimore Sun

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The state's highest court convened Thursday to consider a key question holding up trial proceedings in the Freddie Gray case: Can Officer William Porter be forced to testify against his fellow officers?

The court's seven judges peppered attorneys for the state and the six Baltimore police officers charged in Gray's arrest and death with questions about the protections of the state's immunity statute, and whether prosecutors have an absolute right to deploy it.

The judges did not immediately issue a ruling, and a timetable for one is unknown.

At one point, Judge Clayton Greene Jr. asked Porter's attorney, Gary Proctor, why it's an issue at all for Porter to testify as a witness given that he already testifed at his own trial in December, which resulted in a mistrial.

"Isn't the cat kind of out of the bag now?" Greene asked. "What is the harm to Officer Porter if he were to simply tell his story again in multiple trials?"

But Judge Lynne A. Battaglia said prosecutors face a "minefield" of problems in their retrial of Porter if they push forward with him as a witness in the other trials. An attorney for the State's Attorney's Office agreed, saying prosecutors will encounter a "heavy burden."

...more at link
http://www.baltimoresun.com/news/maryla ... story.html

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