tag:blogger.com,1999:blog-9615048.post416187385629331722..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Rant: Bond pending appealDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-9615048.post-70592829616255677762018-02-01T12:40:44.142-05:002018-02-01T12:40:44.142-05:00Okay, let's say a wrongful conviction is overt...Okay, let's say a wrongful conviction is overturned. How difficult is it to get compensation? Like, when cops beat the shit out of people, and then qualified immunity comes along and strips the victim of vindication, due people suing for wrongful convictions have to cross such an insane hurdle as well?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-25785822032282231142018-01-31T17:34:17.378-05:002018-01-31T17:34:17.378-05:00I think there'd be no disagreement from the au...I think there'd be no disagreement from the author that white collar rich people and poor black or hispanic guys convicted for guns or drugs should all get the benefit of a bond pending appeal. Not as a matter of course. The post doesn't say that. But if they have "the courage to stand up to the government and fight the charges, and if they are not a danger to the community or a risk of flight."Figghttps://www.blogger.com/profile/01165136357295698166noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-51781506956863343112018-01-31T14:50:15.289-05:002018-01-31T14:50:15.289-05:00I am 90% bleeding heart liberal. But come on, the...I am 90% bleeding heart liberal. But come on, the defendant was already convicted. The presumption of innocence has already been rebutted through conviction. If the conviction is overturned, then a conversation can be had about compensating the defendant after the fact (I'd gladly do 10 months at a minimum security federal camp for $1,000,000.00). Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-42716369743951271632018-01-31T13:51:51.446-05:002018-01-31T13:51:51.446-05:0011:49 -- she was CONVICTED -- the presumption is n...11:49 -- she was CONVICTED -- the presumption is no bond absent a showing by the defendant otherwise. And again given how tenuous that case seems to be a bond in that case would not be unreasonable. But David is taking it a step further (for his clients of course who are white collar rich people) that they should get bond on appeal as a matter of course. nonsense. Poor black or hispanic guys convicted for guns or drugs do not get that benefit; neither should rich doctors who get themselves involved in a medicare fraud scheme.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-7577188527053636202018-01-31T13:46:23.886-05:002018-01-31T13:46:23.886-05:00Good point on the testimony issue - disagree with ...Good point on the testimony issue - disagree with the rest - how did the Court deal with a testifying defendant being disbelieved? Is the law different from the 11th?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-2608019623248594982018-01-31T12:00:14.674-05:002018-01-31T12:00:14.674-05:00It's like Thomas Jefferson said -
better to m...It's like Thomas Jefferson said - <br />better to make ten innocent people spend ten months in jail <br />to ensure that a guilty person is locked up for the duration of their appeal....<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-49001617598732633662018-01-31T11:49:56.209-05:002018-01-31T11:49:56.209-05:00Response to 10:10 AM:
So the presumption of innoc...Response to 10:10 AM:<br /><br />So the presumption of innocence is not a sacred thing anymore?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-86540327559006532292018-01-31T10:10:27.914-05:002018-01-31T10:10:27.914-05:00seems like she got away with it and the court of a...seems like she got away with it and the court of appeals let her off the hook, especially since sufficient evidence of her guilt could have come from the jury disbelieving her testimony. That, at least in the 11th circuit, should have been enough to sustain the conviction. (though this prosecution admittedly seems quite weak). But the larger point is that your plea for an appellate bond does not seem to be supported by this case. 10 months is probably the right result in the grand scheme of things. On the other hand had the judge decided in this case that the evidence was (admittedly) flimsy on the agreement element, an appellate bond would not have been unreasonable. So maybe you should have argued the motion for bond! Anonymousnoreply@blogger.com