Sharp Judge Finds a Flaw in Lawyer's Arguments!

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  • Опубликовано: 7 сен 2024
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Комментарии • 121

  • @tmalfieri1
    @tmalfieri1 Месяц назад +104

    That Defense attorney was earning his fee! He was extremely well prepared and argued a good cause for his client! Well done! 👍🏻

  • @mburns1679
    @mburns1679 Месяц назад +49

    With prejudice... they can't try her again .

    • @seyley2901
      @seyley2901 Месяц назад +6

      Yes they can, if they produce new and fresh evidence...

    • @pegallen6983
      @pegallen6983 Месяц назад +11

      @@seyley2901 Not if it is dismissed WITH PREJUDICE! They can not retry in that case. Without prejudice they could retry

    • @seyley2901
      @seyley2901 Месяц назад +4

      @pegallen6983 ... but you heard that the prosecution dismissed the charges. So, there is no possibility of a dismissal with prejudice.

    • @pegallen6983
      @pegallen6983 Месяц назад +3

      @@seyley2901 She didn't have a case to rule on as it was dismissed. The defence motion was denied so she CAN be retried with new evidence as there is no prejudice. Defence lost this one

    • @joshuaguy4682
      @joshuaguy4682 Месяц назад

      ​@@seyley2901yup they'll be getting her later forsure unless the lawyer try appealing the judges ruling and gets accepted to higher judge.in other words unless she has alot of money to burn she not gonna be able todo anything about it either.

  • @AnneLilley
    @AnneLilley Месяц назад +43

    So on the very day that the defense has a hearing on this motion the prosecution dismisses the case without prejudice. Which simply resets the clock and gives him additional time to gather evidence and then recharge the case. That is just wrong and sneaky as crap. If a defendant had tried to pull something like that Judge Boyd would have been furious.

    • @lordraydens
      @lordraydens Месяц назад

      ok, then pay your taxes so we can have better labs to get things done faster

    • @AnneLilley
      @AnneLilley Месяц назад +4

      ​@@lordraydensI certainly do pay my taxes. I also don't live in Texas. But I do think that fairness is important and this seemed very unfair to the defendant. She can't be a few minutes late to court. But the state can delay delay delay and use underfunded labs as the excuse.

    • @lordraydens
      @lordraydens Месяц назад

      @@AnneLilley it's not an excuse!

    • @klee88029
      @klee88029 26 дней назад +1

      Well maybe if so many people didn't use illegal substances, the Prosecution and State Labs wouldn't be so backlogged. Did you ever think about that?

    • @WIlfredWibbles
      @WIlfredWibbles 23 дня назад +1

      @@klee88029 The government can choose to spend more money to fund these labs and so on and the government chooses not to. The state has all the power and they should follow their own rules which they set. The government can change the law, all that is happening is the defendant is following the law.

  • @philip2010
    @philip2010 27 дней назад +4

    This is the best defense attorney I've seen on here he really does his homework and quotes laws or statutes goes the mile for his clients

  • @truthbetold444
    @truthbetold444 Месяц назад +5

    This reminds me of the moment when King Charles I was sentenced to death. He tried to raise an objection, but Judge Bradshaw declared that Charles was already “dead in law” and therefore had no right to speak.

  • @HarringJess
    @HarringJess Месяц назад +10

    He wanted it dismissed with prejudice so that she can't be called into court on these same charges again. It's just that the state dismissed it before defense could file his motion

  • @lastfirst78
    @lastfirst78 Месяц назад +77

    Prosecutors do this all the time. They have such a back log of lab work, which is outsourced that they dismiss and then months later you get a summons in the mail saying they are pursuing charges. I think it is a double standard for defendants. The State gets to drag its heels and then come back on you. It smells of double jeopardy.

    • @RVBadlands2015
      @RVBadlands2015 Месяц назад +8

      That’s why the defense wanted it dismissed without prejudice.

    • @bobbybanks77
      @bobbybanks77 Месяц назад +18

      @@RVBadlands2015 Dismissed with prejudice is the correct one, without means they can still come back and retry the case.

    • @lordraydens
      @lordraydens Месяц назад +2

      They have such a back log of lab work / The State gets to drag its heels - make it make sense

    • @klee88029
      @klee88029 26 дней назад +1

      Well maybe if so many people didn't use illegal substances, the Prosecution and State Labs wouldn't be so backlogged. Did you ever think about that?

  • @leamanc
    @leamanc Месяц назад +46

    If the court technically retains jurisdiction for 30 days, I think she could have granted the motion. And she should have. If you can't get tests back from the lab in 9 months, you should be forced to dismiss with prejudice because who's to say those lab tests will be valid nearly a year later? How long do you have to wait for due process?

    • @yumekui9698
      @yumekui9698 Месяц назад +5

      Agreed I was thinking the same thing. I'm not the most knowledgeable in law but I hope they can appeal that decision. Love judge Boyd but I think this one may have been an incorrect call

    • @4D4plus4is4D8
      @4D4plus4is4D8 Месяц назад +2

      Exactly! Or as the defense said, if there's a legitimate reason for excessive delay there's a system in place for that, he can file something with the court asking for more time and explaining why.

  • @carter358
    @carter358 Месяц назад +12

    So the prosecution decided to be slick and dismiss it that morning so they could get another shot at the case and refile it because they've been dragging their feet for 9 months.

    • @rbarnes4076
      @rbarnes4076 Месяц назад +1

      The impression I get here is that the lab is the one with the backlog. The question THEN becomes.. do you release folks for a non-speedy trial meaning many felons end up back on the street, or do you wait a bit? I'd pick wait if it was a felony since one of the court's responsibilities is to keep the public safe. The Constitution stipulates 'speedy trial'.. but I think each state interprets that differently. And issues of public safety never can be ignored.

    • @ML-tf5xp
      @ML-tf5xp 28 дней назад +2

      ​@rbarnes4076 prosecution could have filed paper work to get more time. Unless they've been found guilty before. They're innocent until proven guilty

  • @GraniteRidge
    @GraniteRidge Месяц назад +9

    Good way to describe her Sharp Judge

  • @MaryEastBay
    @MaryEastBay Месяц назад +7

    Perhaps the defense will appeal the judges ruling to try to get a decision that this should be a dismissal with prejudice.

  • @jeffploetner
    @jeffploetner Месяц назад +3

    How hard is it to do lab work to test the drugs? Crazy

    • @VaporheadATC
      @VaporheadATC 23 дня назад

      It's hard to get good results because the lab techs are using the drugs themselves. Go look up the labs that Massachusetts used a few years back. They had to dismiss thousands of cases because of the lab.

  • @krystenburkhardt-hansyn
    @krystenburkhardt-hansyn Месяц назад +8

    The defense is correct.

  • @Inigo_The_Son
    @Inigo_The_Son Месяц назад +2

    What kind of testing are they doing that takes longer than 7 months!

  • @SandraBower-li3ps
    @SandraBower-li3ps Месяц назад +14

    I love judge Boyd she stands up for children every time we need more people to do the same She is very consistent in her dealings with people

  • @br529
    @br529 Месяц назад +2

    That guy is a real attorney

  • @bradowen761
    @bradowen761 Месяц назад +1

    Very, very good defense attorney. Far better than most.

  • @evmcelroy
    @evmcelroy Месяц назад +2

    That was very interesting

  • @SonoftheWars
    @SonoftheWars Месяц назад +2

    Everyone but the defendant is paid to be there.

  • @robinlinton0
    @robinlinton0 Месяц назад +6

    She is one sharp cookie!

  • @Will-nl6il
    @Will-nl6il Месяц назад +5

    Defense just trying to prevent the State from attempting a second bite of the apple.
    Well done.

    • @rbarnes4076
      @rbarnes4076 Месяц назад

      Sorry, this is NOT double jeopardy. For that to be true there has to be a second trial after a legal adjudication on the same charges.
      The defendant has a right to have all the evidence in order for the trial, the delay is about evidence, nothing else. I have a hard time believing that the founders desired what you are glad about when they said 'speedy trial' in the constitution.

  • @carriekent4464
    @carriekent4464 Месяц назад +8

    IYS Not the States Fault that the Labs are in backlog.

    • @mtms42000
      @mtms42000 Месяц назад +3

      Yes it is. They how the labs, it their responsibility.

    • @danielgray8504
      @danielgray8504 Месяц назад

      It may not be the state’s “fault” that the labs haven’t got back, but they are outsourcing that job to a private company so it’s their responsibility to get those lab results back in a timely manner. Nine months?
      Bullshit double standard. This was a bullshit ruling by this judge

  • @nickirving5557
    @nickirving5557 Месяц назад +3

    Are the defence and prosecutor brothers?

  • @audraarndt1824
    @audraarndt1824 Месяц назад +22

    Mute? Its "moot." 😊

    • @BarryDMoss
      @BarryDMoss Месяц назад +6

      Mute means without speech. Moot means pointless.

    • @jimmyrade7815
      @jimmyrade7815 Месяц назад

      And she’s out here calling people out for calling children kids 😂

  • @CapitalCityKate
    @CapitalCityKate Месяц назад +6

    I'm a little confused. If the case is dismissed then what exactly does the defense want? Can anyone explain it in layman's terms? Thanks!

    • @sherrydaut4910
      @sherrydaut4910 Месяц назад +10

      Defense thinks that once the Lab backlog is cleared, they would then be able to test the drug sample sent to them and Prosecutors would then be able to charge her. So basically the lab couldn't test the drug in a timely way so Prosecutors had to dismiss. Defense doesn't want her re charged.

    • @tamiunderwood1456
      @tamiunderwood1456 Месяц назад +14

      With prejudice means they can't come back and refile. Without prejudice they can get their stuff together and refile.

    • @bobbybanks77
      @bobbybanks77 Месяц назад +9

      Because with just Dismissed the state can come back when the lab results finally get done and recharge the defendant, Dismissed with Prejudice means they can never come back and bring charges again. Hope that makes sense.

    • @GraniteRidge
      @GraniteRidge Месяц назад +8

      As one layman to another I have know idea either 😂

    • @mjd111
      @mjd111 Месяц назад +6

      Thanks for all your explanations ! 🤙

  • @divinewon73
    @divinewon73 Месяц назад +6

    The defendant was extremely lucky, and the prosecution failed the people. After 180 days, they still have not processed the proof. It might be too budgetary constraints or other mitigating circumstances beyond their control, which should be addressed with better funding, if that will help. This defendant is clearly free to go because of this situation I described.

    • @bobbybanks77
      @bobbybanks77 Месяц назад +4

      They will just wait till the lab results get done and then charge her again, that is why the defense wanted dismissed with prejudice.

    • @stephenb5085
      @stephenb5085 Месяц назад

      Until they refile. The lawyer argued wrong, he should have brought up the fact, under her ruling, they could continue to dismiss and refile until the statue of limits runs it's course, which in turn and practice would be unconstitutional due to the speedy trial rules.
      She would still rule against him but at least it would be in the record for appeal.

    • @cc-tb3st
      @cc-tb3st Месяц назад +3

      It's the exact opposite. The state now has two years to file charges. She knows there are charges pending. So for the next two years of her life she may be free and walking around but she's still imprisoned and can't move forward with her life. She doesn't know if she's going to jail, getting probation, or anything. Should she get married, get pregnant, buy a house, buy a car, move to another state?
      Until the statute of limitations runs out on the charges she was charged with, her life has no direction. Sure, she's not in jail but she's also not free.
      I'm all about punished criminals and if she did something wrong she should be punished. But I also believe in swift punishment. A person's whole life shouldn't be put on hold for years waiting for the punishment to come.
      Let's say she is a dangerous criminal. Now she's free in the public to continue committing crimes because the state failed to get lab results fast enough. Putting the public at risk. That's not what we pay taxes for.

  • @CrystalSmith-pv1wk
    @CrystalSmith-pv1wk 28 дней назад

    I wish he had been my lawyer this is gold he did the work

  • @andreacagle208
    @andreacagle208 Месяц назад

    Once the gavel strikes on a dismissal, the SOL has tolled. Great ruling.

  • @AnnaBanana-gz4om
    @AnnaBanana-gz4om Месяц назад +10

    Why is the lawyers can talk and everyone can hear find,but when the defendants talk they always been down to the mic.

    • @vmcougarintn5035
      @vmcougarintn5035 Месяц назад +7

      Lawyers learn to project their voice. The average person does not.

    • @valeciaalexandria7463
      @valeciaalexandria7463 Месяц назад +2

      A soft voice is also a way ppl manipulate and cover up their actions so the court will be more lenient.

    • @devonremy6581
      @devonremy6581 Месяц назад

      @AnnaBanana-gz4om
      It’s so they can feign humility and contrition.

  • @chriskinkead9045
    @chriskinkead9045 Месяц назад +1

    Too legalistic for poor old me. Dont follow all this but know. Judge would do what is right. She is very good.fair

  • @kellywaters643
    @kellywaters643 Месяц назад +1

    she only finds a flaw because the case was dismissed and it's a non-issue

    • @mdrdprtcl
      @mdrdprtcl Месяц назад

      Is that the *only* reason?

  • @stansbruv3169
    @stansbruv3169 Месяц назад +2

    Looks like dealing drugs can score you a pretty competent, feisty defense attorney. It didn’t work for Precious in this case but it’s nice to see the Defense attorney TRYING for their clients instead of making deals with the state. Defense swung and missed but it was worth the effort. I wonder how long it takes to get those lab results back. 6 months sounds like plenty of time to get tested drugs back from a lab.

  • @MeUrWishGranted
    @MeUrWishGranted Месяц назад

    How is it that "awaiting lab results" isn't considered "just cause"? This lawyer would have a field day in Manning's night court.

    • @danielgray8504
      @danielgray8504 Месяц назад

      Yeah, but they were waiting for nine months. Nine months for lab results? That is definitely unreasonable

  • @taylenzz
    @taylenzz Месяц назад

    It sounds like it was “much ado about nothing, as if they came back to file the same charges the defense lawyer would then pull this up and there WOULD be a case in front of the court, and the information would be presented at that time, but the Prosecutor’s Office would be stupid to waste time like that……

  • @July-qo7jp
    @July-qo7jp Месяц назад

    Better drag this chick back into court there's an entire army of tax leeches depending on fresh blood in the criminal injustice system

  • @timnell207
    @timnell207 Месяц назад +2

    Judge, not mute, moot.

  • @alexkrycek3359
    @alexkrycek3359 Месяц назад +1

    I have watched tons of these videos with Judge Boyd, and she consistently favours the prosecution to an almost absurd degree. She passed the buck here, in what was a slam dunk defence motion. Sums up her decisions on the bench in my view

  • @Kennymac8251
    @Kennymac8251 Месяц назад +5

    @8:41 judge said "...dismiss with prejudice is somewhat MUTE?...." I'm shocked judge Boyd said that, the word she should have said is MOOT.

  • @Pohonesty
    @Pohonesty Месяц назад +2

    Another dirty prosecutor tactic

  • @luigi57968
    @luigi57968 Месяц назад +6

    First Time Ive Seen Judge B Make the WRONG Choice. She knows whats up and what the Prosecutor is doing but she sided with th and in a way she played "dumb" by saying there is no case that she does not have jurisdiction. If she was truly fair and impartial in this case she would have dismissed it with prejudice but im sure shes leaning more in favor of the prosecution here because it is a drug case and the actual facts behind the case probably irk her to the point where she doesn't feel comfortable dismissing it with prejudice but the fact of the matter is that as a judge she has to remain impartial and I feel like in this case she was not.

  • @rickarra1833
    @rickarra1833 Месяц назад +3

    Did she ask for a speedy trial

    • @tramdr
      @tramdr Месяц назад

      does she need to?

  • @sherylstory7809
    @sherylstory7809 Месяц назад

    Guess she got lucky👍

    • @cc-tb3st
      @cc-tb3st Месяц назад +2

      Actually it's the exact opposite. The case is currently dismissed but it can be recharged later until the statute of limitations runs out. So now she's in limbo until the Statute of limitations has run out. So for the next two years she doesn't know if she's being charged with a crime or not. She doesn't know if she should get married or if she should purchase a house or a new vehicle because will she be free to pay for it or participate in her marriage.

  • @krystenburkhardt-hansyn
    @krystenburkhardt-hansyn Месяц назад +1

    I feel like there was something wrong there. I feel like that by not dismissing it with prejudice it allows the state to come back at sometime to retry that case if they feel like it essentially holding this person hostage for these charges. She didn’t want to let it go. And the state that’s why the defense attorney was so adamant about dismissing it with prejudice to prevent the state from coming back and the judge knew what was up but wouldn’t do it. Why?

  • @70sgirl42
    @70sgirl42 Месяц назад +1

    Did Judge Boyd say "mute" instead of "moot"??

    • @SallySallySallySally
      @SallySallySallySally Месяц назад +1

      No, she said "moot." The auto-CC routinely misinterprets that word.

  • @GG-to7qi
    @GG-to7qi 27 дней назад

    Judge Boyd, the correct word is "moot", not "mute".

  • @dallasflynn5200
    @dallasflynn5200 Месяц назад +9

    This is the first time I have seen Judge Boyd fail. This prosecutor wants to circumvent a defendant’s right to a speedy trial. He wants the court to ignore the fact that his office did not do what they should have in the time allotted to them. Judge Boyd let the prosecutor “dismiss” the case that morning so he can refile after they get their crap together with evidence/lab work. Now the prosecutor can send the lab work off, get results, refile, and the defendant will be back to square one. The defendant and her attorney did everything they were supposed to do and if they hadn’t;t done it then there would be repercussions. The State did not do what they should have and the court is protecting them. I’m sad to see Judge Boyd chose to do this. Precedence should have been made this day concerning this tactic that I am sure is used by the prosecution a lot. An attorney defending his client to his fullest extent really did step up to try to set precedence that will protect defendants from this backdoor double jeopardy BS and the court failed. Sad.

    • @Dan_Ben_Michael
      @Dan_Ben_Michael Месяц назад +1

      Courts are allowed to dismiss without prejudice and refile charges within the statute of limitations. They do it all the time for a myriad of reasons. In this case there’s a backlog with third party drug screenings.

    • @lordraydens
      @lordraydens Месяц назад

      it's not the state's fault the labs are backed up. gee, maybe people should stop committing crimes!

    • @dallasflynn5200
      @dallasflynn5200 Месяц назад

      @@lordraydens Absolutely everyone is so reasonable these days. Polite, patient, empathetic, understanding. Like I’m sure everyone in this thread leaving a post would be perfectly FINE with a prosecutor circumventing double jeopardy and possibly habeus corpus (if this case is re-filed after lab results come back in and the defendant is issued bail and cannot make bail and ends up incarcerated. Again.) Like we’d all be ok doing everything we are supposed to do according to the LAW but the prosecutor and the judge don’t have to abide by the LAW? Kudos for this defendant’s attorney for at least having the stones to try to get the prosecutor and the judge to abide by the law. Hey. I really like Judge Boyd. However, not everyone is perfect. Judge Boyd wouldn’t have a job if no one broke the law and I have seen her uphold the law in every previous video I have watched of her in court. I’m not changing my mind about how I feel she did in this video and I’m sure most of the people posting here will disagree with me. I’m not going to make y’all change your minds either. Calling it a day, folks. Have a good one.

    • @lordraydens
      @lordraydens Месяц назад

      @@dallasflynn5200 blah blah blah obviously you just wanna be an acabman

  • @kenmarelove9176
    @kenmarelove9176 Месяц назад +6

    It's "moot' Judge B, not "mute"...

    • @stumack9755
      @stumack9755 Месяц назад

      "moo" is her middle name.

    • @NOELTM
      @NOELTM Месяц назад +10

      She's saying the Court is "mute" as the case is dismissed therefore she has nothing before the Court to decide upon. Defense believes it's a moot point as shown by him debating the situation.

    • @kenmarelove9176
      @kenmarelove9176 Месяц назад +4

      @NOELTM I thought of that after I commented lol, appreciate your comment.

    • @MrMcChez
      @MrMcChez Месяц назад

      @@stumack9755 Get yo mamma to push the car!

    • @leamanc
      @leamanc Месяц назад

      I was so disappointed in her for that. That's sovcit level grammar 😢

  • @steve6631
    @steve6631 Месяц назад

    Judge got it wrong... the defendant's motion to dismiss with PREJUDICE was filed before the dismissal without prejudice. Disappointed in judge.

  • @Nikalette100
    @Nikalette100 Месяц назад +1

    I believe Judge Boyd was correct. The case is no longer existing. It was a clever move by the prosecutor to have it dismissed without prejudice. I doubt they will refile. Her decision was simple. The case was no longer before her since another judge dismissed it. I don’t think the prosecutor did this so he could refile, but for future court purposes should,she reoffend.
    Dismissing without prejudice means the State can refile the case. I think the ruling is correct. It is a procedural error and not an error of evidence or judicial process. The defense can present its opinion of the error if the State refiles. They can also appeal.
    Someone dropped the ball at the prosecutors office, but that doesn’t absolve the defendant of culpability.

  • @johnp.2267
    @johnp.2267 Месяц назад +2

    The defendant waited over 8 months without being prosecuted, which is more than 2 months beyond what the state statutes demand. That should supersede any slick sneaky tactic by the prosecutor to drag this out longer. The judge totally failed in her job. Not the first time, either.
    On a lesser note, I'm so sick of her trying to force people to adhere to her whole "kids are baby goats" crap. First definition of the word "kid" is a child. Then she goes and mangles the word "moot" and pronounces is as "mute". She needs to better educate herself and stop with the bias.

  • @rhondajohnson3679
    @rhondajohnson3679 Месяц назад

    Q❤d

  • @krystenburkhardt-hansyn
    @krystenburkhardt-hansyn Месяц назад +1

    You notice how Judge Boyd had become more aggressive towards the defendants and the court workers? It seems like she’s more and more aggressive.

  • @santaraporter3623
    @santaraporter3623 Месяц назад

    why is judge eating?

  • @mtms42000
    @mtms42000 Месяц назад

    He told the judge why she could do it and she chose not to. She's a hanging judge not a fair judge.