CONRAD MURRAY Appeals Manslaughter Conviction

[bec]

Uh yeah right Tenderoni. Murray produces LiveMJ and the court will say TOO BAD NO NEW EVIDENCE U LOSE GO TO JAIL. Sure. That's just how it will go.

[bec]

Tenderoni has been here since summer 2009 and is a lawyer, however Tenderoni is ever the skeptic.

I says you walk long before now if you're really that skeptical.

[Elsa]

I think this explains the weak defense case in the trial - the lack of objections and leading their own witnesses to repeat information supporting the prosecution case, just to establish a minor point for their own.  The defense was helping to secure a guilty verdict.  The appeals process can then be used to keep the case in people's mind while the hoax continues.   

[GINAFELICIA]

It was obvious he will appeal. Why not appeal? It is his right.

It's exciting that he will represent himself.
It's also exciting what his new attorney said, that the appeal is a goldmine of issues.

I just hope they set the date for appeal as soon as possible.

[blankie]

 .............Simply....THE BEST IS YET TO COME     


                                                                            moonwalk_/

[Dontwalkaway]

If the trial was kangaroo court then so is the appeal.  Maybe it will be an opportunity for more of the truth to come out, or a sting operation.  We'll see.

[PureLove]

Also want to mention that there can't be appeal if it's not a REAL case  penguin/

Anyone who believes that the case was all just a movie or show being scripted can't now go with the theory that he's going to have a REAL appeal and provide a live person as his proof  beerchug

Are you saying that from your professional experience, that everything that went on in the trial and giving of the verdict was within range of the acceptable or possible?
Did we make too big a deal about the things we thought proved it was a hoax court?  (Well, obviously the toy animals were hoaxy but...all the other things we've talked about on the forum.) Thanks.

Thank you for sharing the info with us Tenderoni. I'm also wondering about what MJonmind asked.

[BeTheChange]

Very interesting indeed.

As for 'new evidence' in an appeal court:

Does the appeal court hear evidence?
The role of the appeal court is not to hear the trial again. Witnesses are generally not called in an appeal hearing and you are not required to testify. However, in some limited cases, the appeal court may consider new evidence if it is very significant.
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This is Canadian Law but I'm pretty sure the same would apply to American Law.  A Live MJ would, most definitely, be considered 'very significant' but that if that was 'presented' as a reason for an appeal...would there even be a need for an appeal?  I'm not sure how that works...but an appeal would seem pointless if a Live MJ appeared prior to the appeal.  However, security footage, as an example, showing something completely different than what the 'evidence' in court showed...that could exonerate Murray or potentially show a different 'culprit'...would, I would think, also be considered 'very significant', and grounds for an appeal.

And, of course, as Murray's lawyer suggested...an appellate lawyer would obviously know if there were any errors in the course of the trial.  IF an appeal was in the plan all along...then I would think that there were enough intentional 'errors' made by the judge to ensure this would be allowed in the future.

With L.O.V.E. always.

[GINAFELICIA]

Also want to mention that there can't be appeal if it's not a REAL case  penguin/

Anyone who believes that the case was all just a movie or show being scripted can't now go with the theory that he's going to have a REAL appeal and provide a live person as his proof  beerchug

You are right. JMO.
Oh...and I am surprised TMZ didn't post the document filed by Murray. They usually post all documents.
Oh...and i would be curious to know why Murray is not represented by his previous team of lawyers. Are not they willing to represent him anymore? Or Murray doesn't want them to represent him anymore?

I think the appeal will not be a kangaroo court.

[paula-c]

Monday, February 8, 2010
"The Court Of Last Resort-The Conrad Murray Case"
Okay, here is Where the weird gets a whole lot weirder.
There is an old TV show by the name of "The Court Of Last Resort"
All credit goes to For This find thinkerbelle Who posted about this on MJA.
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The Court Of Last Resort
"The Court of Last Resort WAS founded by Erle Stanley Gardner in the 1950s. The team sought to reveal whether someone found guilty Already Might really be innocent. The show dramatized the crime Then Followed the original Investigation. Actual cases Were used"
The show WAS Investigators About a team of visiting old cases in Which people found guilty WHERE and Sent to jail, to try and Prove Them innocent.

One of the episodes Happened to be tittled "The Conrad Murray Case"
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and the Actor Who played Conrad Murray WAS in a TV show Called "Thriller"
and anouther one Called "This Is It".

I Do not Know If This Has To do with anything, But it sure is strange.

Photobucket

[everlastinglove_MJ]

The ending to this journey will come with the appeal trial. Murray will be vindicated after serving his sentence by showing via the surveillance tape, that he did not hurt Michael. The world will see that even though the prosecution put on a much better case than the crappy defense team, that an innocent man went to jail even though he looked guilty. The discussions and changes that will ensue after that will be big, and hopefully wake people up to stop believing everything they hear from the media about a person, and hopefully it will halt the media on trying individuals in the court of public opinion.
[youtube]http://www.youtube.com/watch?v=QBDnaf_9mYc[/youtube]

There is no 'appeal trial' forthcoming.  And, Murray wouldn't be able to "prove" he is innocent by producing a live body.  The appeals court deals ONLY with rulings of law during the trial, and not whether the evidence was credible or valid.  And in MOST cases is there is NO oral argument. In fact, sometimes the higher court dismisses the appeal without even explaining in detail (it's called "per curiam" or "per curiam affirmed" in some cases). The parties file what are called "briefs" with case law cites that claim that the JUDGE was wrong in allowing or disallowing certain testimony or evidence--not whether it was valid or not.  IF the Court decides that the Judge made legal mistakes then there could be a whole new trial or a partial trial back in the lower court--but NO NEW EVIDENCE WOULD BE ALLOWED.

All this appeal shows me--as a lawyer and having been involved with law for over 25 years--is that it's keeping the story alive in the media.  This is probably more important than proving MJ is alive through the courts

@Galaxy

hopefully wake people up to stop believing everything they hear from the media about a person, and hopefully it will halt the media on trying individuals in the court of public opinion. 

Exactly!  beerchug

@Tenderoni

The parties file what are called "briefs" with case law cites that claim that the JUDGE was wrong in allowing or disallowing certain testimony or evidence--not whether it was valid or not.  IF the Court decides that the Judge made legal mistakes then there could be a whole new trial or a partial trial back in the lower court

What if Judge Pastor was too emotionally involved to make the sentence. I mean the sentence seemed to be based on his personal opinion and assumptions, which could be a legal mistake. I noticed that, during the sentence, Murray wrote some notes and took them with him after the sentence. Murray didn't look surprised and appeared to be confident after the sentence, which could mean that he exactly knew what was going to happen, he knew what to do i.e. writing notes, which could be used for the appeal or a new trial/partial trial. I wouldn't be surprised if Murray has a doctor's, a legal and an acting license  :lol:. Appeal, new/partial trial etc. it will certainly need some time...which is according to Michael's hoax timeline .

[Galaxy]

Thank you everlastinglove_MJ.
 bearhug

[everlastinglove_MJ]

Thank you everlastinglove_MJ.
 bearhug

you're welcome 
bearhug

[For All Time]

The ending to this journey will come with the appeal trial. Murray will be vindicated after serving his sentence by showing via the surveillance tape, that he did not hurt Michael. The world will see that even though the prosecution put on a much better case than the crappy defense team, that an innocent man went to jail even though he looked guilty. The discussions and changes that will ensue after that will be big, and hopefully wake people up to stop believing everything they hear from the media about a person, and hopefully it will halt the media on trying individuals in the court of public opinion.
[youtube]http://www.youtube.com/watch?v=QBDnaf_9mYc[/youtube]

There is no 'appeal trial' forthcoming.  And, Murray wouldn't be able to "prove" he is innocent by producing a live body.  The appeals court deals ONLY with rulings of law during the trial, and not whether the evidence was credible or valid.  And in MOST cases is there is NO oral argument. In fact, sometimes the higher court dismisses the appeal without even explaining in detail (it's called "per curiam" or "per curiam affirmed" in some cases). The parties file what are called "briefs" with case law cites that claim that the JUDGE was wrong in allowing or disallowing certain testimony or evidence--not whether it was valid or not.  IF the Court decides that the Judge made legal mistakes then there could be a whole new trial or a partial trial back in the lower court--but NO NEW EVIDENCE WOULD BE ALLOWED.

All this appeal shows me--as a lawyer and having been involved with law for over 25 years--is that it's keeping the story alive in the media.  This is probably more important than proving MJ is alive through the courts

Thank you for the info Let's see how things will progress .Very interesting

[paula-c]

Conrad Murray's Delusional Appeal: What It Means
Posted: 12/ 5/11 10:19 AM ET

While sitting inside his 5x8 ft jail cell, Dr. Conrad Murray should be repenting for his crime. Instead, he's plotting his escape by filing to appeal his conviction. Even after a jury found him guilty of involuntary manslaughter, Murray is still convinced of his own innocence, convinced he is the victim of some sort of conspiracy by the prosecutors and the public.

Even more delusional than his belief that he is innocent is his belief that he can successfully represent himself. Even more offensive than his total lack of remorse is his expectation that the public foot the bill for his appeal.

Murray is most likely representing himself because he no longer has the money to pay his attorneys. While his defense team is required to represent him through the trial, even if they weren't getting paid after some point, they are not required to represent him on appeal. Since Murray cannot afford an attorney, the public has to pay for the transcripts of the trial and any other costs to build up his case. So not only is Murray plotting his escape, but he's doing it all on the taxpayer's dollar.

However, Murray's delusional appeal attempt is, for the most part, a lost cause. The odds are, Murray will be out of jail before the Court of Appeal is even able to rule on his case. It takes several months just to put the record and transcripts for an appeal together, and it usually takes about two years for the Court of Appeal to rule. While Murray has been sentenced to a four-year prison term, in all likelihood, he will spend just two years behind bars due to prison overcrowding in California, so he probably will never get to argue his case.

However, if Murray is still behind bars when the Court of Appeal hears oral arguments, he'll get exactly what he wants: his moment in the spotlight... but not completely. While the press can attend, cameras are not allowed inside the Court of Appeal.

As Murray spends his days inside the LA County Jail's law library writing up his appeal, Michael Jackson's family must grapple with the fact that their son's killer still refuses to own up to his crimes.
 

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