Friday, January 13, 2017
Public Defender Refuses to File Motion for Client
There is a little movement in the case of the homeless man who was given a traffic ticket for peeing in the alley. He asked his attorney (whom we are paying for) to file a motion for recusal due to alleged bias. When she refused he proceeded to do it himself.
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Just because you pay a lawyer does not mean the lawyer has to do what you want particularly regarding a recusal motion. Such a motion must have a factual basis and be made in good faith. Merely saying someone is biased and is "rumored" to do this or that has NO factual basis. The motion here alleges ZERO facts to support the claim. A lawyer can face disciplinary action for filing such a motion as it is worded. Irregardless, Kelly may wish to get out of the case on her own (less work and won't have to deal with this character).
ReplyDeleteor answer the question was she boffin the state cop back in the day and does the request for recusal warrant a trip to the bug house at tax payers expense ... I hope our new public defender is not following the old course that everyone should just fold and plead guilty to lighten the work load on the poor public defender ....you know make it easy cause the pay sucks ....didn`t gene simmons have that job at one time?????
DeleteNorman, I know this is bit off topic but i feel it may be of some importance. Tim Sayers i think that's how his last name is spelled. He has been fired from the Pocahontas county police dept. I have tried to inquire why he has been fired, I have been blowed off. I do wounder if it could be like the others before him for misconduct ? I'm hoping you may know something.
ReplyDeleteand what about sam hummels sexual misconduct trial what happened to that enough with year book pictures and nick nacks at what not shops .... oh yeah and what about the court injunction that BFD filed against the CASS VFD ... DO LAWYERS WORK FOR FREE ???? and is BFD using my fire fee for putting out fires and or watching houses burn to the ground with stand down orders or just for territorial law suits for a larger buster empire ????the commentator should be the antidote to the Pocahontas times leave them do the smiley face and you do the muck raking
DeleteI can tell ya what i know. Tim was indeed fired. I was told it was because he was using the police car for person use. He was taking off the mileage wire and going to beckley and elkins ect. on the tax payers dime. Taking and picking up his wife and children from work ect. What i want to know is he going to pay back all the tax money he wasted in gas ?
ReplyDeleteI heard an entirely different version: the new sheriff wants all his employees to be residents of Pocahontas County and Tim resided in Randolph; hence, he was let go.
Deletethe last sheriff used his big black official $52,000 chevy suburban for private use all the time parked at his mommy`s house at 1:30 pm all the time....
Deletehe was let go for unlawful use of his police car. when he was let go he left the police car at the inn at snowshoe for 3 days he refused to return it. another cop had to come and get it.
DeleteSomething funny is a foot. Tim was a cop and is now a maid at Snowshoe.
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