Summit may appeal Taser ruling

[queenmumof7]

YEAH RIGHT wrote:

<quoted text>
Only one singing here is YOU, with your half truths,
Canary speaks the truth you wrinkled up worthless hag.
WHILE YOUR AT IT,LEARN HOW TO SPELL!

go back to the rock you crawled out from a@#.

[Joyce Anderson]

akronite2 wrote:

Has anyone noticed that these recent cases are handled by visiting and/or retired judges? Where are the judges we elected??

As a Court Administrator, Judge Stormer would naturally want the most experienced Judge's overseeing these case's, for a couple of very important reasons.

One, appoint a retired Judge w/a history of handling high profile cases like these and

two, appoint a retired Judge to prevent all possible conflict's of interest influencing an elected Judge's decison.

I agree w/her decision.

[Opinion]

Do you guys even know why the Medical Examiner ruled that it was an unspecified anal injury? Because she refused to even look at the reports by the deputies before she made her ruling. The fact of the matter, is that the coroner made her rulings based on what lay on the table in front of her. She did not interview the deputies nor did she look at the paperwork completed by deputies and supervisors. The truth will come out, Mark inflicted the anal injury on himself. The fact remains that he was psychologically unstable and was capable of doing anything. You guys are trying to justify the actions of a mentally unstable man, not going to happen. The good doctor did incomplete work, which has enlightened all to her incompetency.

[Opinion]

Tom Jackson wrote:

<quoted text>thats right so kill his A

His death has been ruled undetermined, remember? Charges should be dropped immediately. How do you charge someone with murder, when no murder took place????

[queenmumof7]

Opinion wrote:

<quoted text>
His death has been ruled undetermined, remember? Charges should be dropped immediately. How do you charge someone with murder, when no murder took place????

Undetermined =not resolved, not decided
How in Gods great creation does undetermined rule out murder? Or for that fact rule out anything?
Again, everyone there has been many cases where the defendant has been found guilty of murder without the use of an autopsy report. I would not be so quick to celebrate yet; you still have a trial in front of you. Do not forget there may still be an appeal on the Dr. Judge ruling.

[dave]

If the prosecution can’t prove cause of death, they can’t link it to the actions of the accused. Granted, nothing is stopping the prosecution from shopping around for a forensic expert. However, there is no guarantee that their findings would be any different. Also, I believe Ohio has a statutory right to a speedy trial. And time may be running out.

[queenmumof7]

dave wrote:

If the prosecution can’t prove cause of death, they can’t link it to the actions of the accused. Granted, nothing is stopping the prosecution from shopping around for a forensic expert. However, there is no guarantee that their findings would be any different. Also, I believe Ohio has a statutory right to a speedy trial. And time may be running out.

Keep dreaming.

[Joyce Anderson]

dave wrote:

If the prosecution can’t prove cause of death, they can’t link it to the actions of the accused. Granted, nothing is stopping the prosecution from shopping around for a forensic expert. However, there is no guarantee that their findings would be any different. Also, I believe Ohio has a statutory right to a speedy trial. And time may be running out.

The murder charge has more than one part to it. That being said, removing only one part of it specifically one part being any part of the Taser product from the medical examiner's report, will not be enough 'parts' to dismiss the murder charge's, if in fact it was called a murder charge.

Also, I don't believe that the deputies were just charged w/a murder charge.

So, even if the murder charge in whole (all parts) was dropped there are plenty of other charge's related to the death that will need to be followed through with.

This whole thing is truly unfortunate and, really sad....

[Joyce Anderson]

Somebody who knows wrote:

<quoted text>
This one is so stupid, it doesn't even need a reply.

AS much as I agree w/you "Somebody who knows", I just can't resist responding to this stupid comment.

A Judge cannot be reported to the Ohio Medical Board for issuing a ruling based on medical facts/testimony, only doctors can or people who perform medical procedures w/o a medical license.

And the Judge issuing a ruling based on medical briefs/case law does not apply here and/or fall w/in the rules for filing a complaint to the Medical Board.

Doctors get reported to the Medical Board, lawyers/Judge's get reported to the Bar.

[Joyce Anderson]

dave wrote:

If the prosecution can’t prove cause of death, they can’t link it to the actions of the accused. Granted, nothing is stopping the prosecution from shopping around for a forensic expert. However, there is no guarantee that their findings would be any different. Also, I believe Ohio has a statutory right to a speedy trial. And time may be running out.

The 'speedy trial' rule no longer applies, read the docket!

And your comment was stated wrong. It's "Ohio offers a waiver to a speedy trial".
Meaning, the 275 day limitation for completing the felony criminal proceeding is 'waived' and a defendant is giving the court permission to continue the criminal proceeding beyond the 275 day statute, if necessary.
Therefore, the defendant is waiving any right to ask the court to dismiss the criminal proceeding because it wasn't completed w/in the 275 day statute as a strategic attempt to get out of the felony charge.

[dave]

Joyce Anderson wrote:

<quoted text>
The murder charge has more than one part to it. That being said, removing only one part of it specifically one part being any part of the Taser product from the medical examiner's report, will not be enough 'parts' to dismiss the murder charge's, if in fact it was called a murder charge.
Also, I don't believe that the deputies were just charged w/a murder charge.
So, even if the murder charge in whole (all parts) was dropped there are plenty of other charge's related to the death that will need to be followed through with.
This whole thing is truly unfortunate and, really sad....

One, I was only addressing the murder charge. Two, the cause of death was changed to undetermined and more was removed than just the taser reference.

[dave]

Joyce Anderson wrote:

<quoted text>
The 'speedy trial' rule no longer applies, read the docket!
And your comment was stated wrong. It's "Ohio offers a waiver to a speedy trial".
Meaning, the 275 day limitation for completing the felony criminal proceeding is 'waived' and a defendant is giving the court permission to continue the criminal proceeding beyond the 275 day statute, if necessary.
Therefore, the defendant is waiving any right to ask the court to dismiss the criminal proceeding because it wasn't completed w/in the 275 day statute as a strategic attempt to get out of the felony charge.

No, I said what I meant. There is a statutory right to a speedy trial in the state of Ohio. And I said "time *may* be running out" since I didn't know whether it was waived or not by the defendants.

[queenmumof7]

dave wrote:

<quoted text>
No, I said what I meant. There is a statutory right to a speedy trial in the state of Ohio. And I said "time *may* be running out" since I didn't know whether it was waived or not by the defendants.

It was waived.

[City Worker]

Joyce Anderson wrote:

<quoted text>
As a Court Administrator, Judge Stormer would naturally want the most experienced Judge's overseeing these case's, for a couple of very important reasons.
One, appoint a retired Judge w/a history of handling high profile cases like these and
two, appoint a retired Judge to prevent all possible conflict's of interest influencing an elected Judge's decison.
I agree w/her decision.

You mean appoint a retired judge who can make a pressured-by-others decision that is totally illogical without having to worry about being re-elected like a regular judge would after making such an wacko decision.

[marks mom]

thanks for the advice hunk. but the powers that be already know what happend and they have tried there best to get away with my sons murder. how ever they have the same information i do, only more. and they would love it if i shut up. so they can try and make it easier to keep it on the down low. but i want the people of this community to see whats going on right under thire noses. and bring it to the publics attention.so that we can get changes made. i doubt vary seriously that i will ever find peace of mind agin. but maybe if they put thease murderers behind bars so they are never able to do this agin. i might be able to come to terms with everthing that happend. thanks agin for every thing including your support. mom

[Joyce Anderson]

City Worker wrote:

<quoted text>
You mean appoint a retired judge who can make a pressured-by-others decision that is totally illogical without having to worry about being re-elected like a regular judge would after making such an wacko decision.

Your comment makes absolutely no sense. Do you honestly think that our elected Judge's don't make 'pressured by others' decisions everyday, get real!

You're looking at this from a uneducated position about the judicial process, not from a Judicial process such as abuse of the court and/or a conflict.

And let me give you a thought to ponder about to counter respond to your stupid commment about our elected Judge's not being able to handle pressure decisions and worried about being elected for making such decisions.

Even though retired Judge's are overseeing both of these cases, do you honestly think that the parties involved aren't calling other 'old timers'(who worked w/the retired Judge's or are friends of theirs) asking for favors and/or trying to influence the Judge's decisions? Every Judge, whether retired or not has to deal w/this sh_t everyday......so an elected Judge vs a retired Judge wouldn't make a difference.....or, confirm your stupid comment...

Again, I applaude Judge Stormer, she literally reduced the percentage of a conflict to zero by appointing the retired Judge's.

And finally, can you name our Ohio Supreme Court Judge's names, Appeals Court's or our Federal Court Judge's name or the district for our Appeals and Federal Court? Or provide me w/a list of decsions they've each made during their term to date? I doubt it, seriously doubt it!

Like most voter's, they couldn't tell you a candidate's name who is running for Judge, where he/she was previously employed, when they were elected or when their term is up let alone where to find a list of their decisions during their term.

So, I seriously doubt that appointing retired Judge's to oversee these case's who don't have to worry about being re-elected locally vs whether to allow our elected Judge's to oversee these case's because if they 'rule wrong' may not win their next election wasn't even a thought in Judge Stormer's decision,......seriously now.....it wasn't because the "jury" makes the decision of guilty or not guilty..........not a judge.....

[Joyce Anderson]

dave wrote:

<quoted text>
One, I was only addressing the murder charge. Two, the cause of death was changed to undetermined and more was removed than just the taser reference.

Removing 'more than just taser' from the examiner's report as you said doesn't affect the initial murder charge.

Where he died,whose custody he was in immediately prior to his death combined w/the injuries related to his death are what the charges stem from and who is charged.

In other words, even if the whole examiner's report was not permitted to be entered as evidence in this case you still have his death in itself, the location of his death and who was w/him when he died to consider.

As I said, this whole thing is very sad but the case has to go forward.

[Joyce Anderson]

dave wrote:

<quoted text>
No, I said what I meant. There is a statutory right to a speedy trial in the state of Ohio. And I said "time *may* be running out" since I didn't know whether it was waived or not by the defendants.

LAW Writer® Ohio Laws and Rules
Search ORC 1 of 3 for waiver of speedy trial.

2935.36 Pre-trial diversion programs.
...s successful completion of the program, the accused’s right to a speedy trial, the preliminary hearing, the time period within which the grand jury......trial diversion program.(D) If the accused satisfactorily completes the diversion program, the prosecuting attorney shall recommend to the trial...

2951.041 Intervention in lieu of conviction.
...lieu of conviction. The request shall include a waiver of the defendant’s right to a speedy trial, the preliminary hearing, the time period within......shall accept the offender’s plea of guilty and waiver of the defendant’s right to a speedy trial, the preliminary hearing, the time period within...

2963.30 Interstate agreement on detainers.
...untried indictments, informations or complaints, and difficulties in securing speedy trials of persons already incarcerated in other jurisdictions......tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.(b...

[dave]

Joyce Anderson wrote:

<quoted text>
Removing 'more than just taser' from the examiner's report as you said doesn't affect the initial murder charge.

Once again you deliberately misstate what I said in order to create a strawman.

[dave]

Joyce Anderson wrote:

<quoted text>
LAW Writer® Ohio Laws and Rules
Search ORC 1 of 3 for waiver of speedy trial.
2935.36 Pre-trial diversion programs.
...

And you do it again...