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    railroaded's Avatar
    railroaded Posts: 3, Reputation: 1
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    #1

    Nov 7, 2009, 02:12 PM
    Are previously denied motions allowed to be heard by newly assigned judge?
    In response to excons advice, I will most likely draft another letter being more specific as to my concerns. Thanks for this advice. The appellate lawyer who won my reversal states If he was being paid to represent me on the current matters he would refile the denied motions from the previous judge and believes they can be litigated again with the new judge. This has been the wall between the public defender and I. He believes they cannot. There was a motion for clairification put before the judge sometime back. He has really never gone on the record stating he would not hear them nor did he sight case law preventing them from being heard. These motions, to dissmiss, to suppress, If approved would greatly take apart the states case. How am I to know what the decision would be If they are not filed? As I stated, the appellate lawyer gave his opinion. Has this question come before you? I feel If I cannot litigate these motions my due process will continue to be denied. Yes there Is a lot on my plate, And you are right, I won't go quietly. I feel this I a vendetta, and the state does not care who gets convicted, just as long as somebody gets convicted.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 7, 2009, 02:30 PM

    Hello again RR:

    This should be combined with your earlier post.

    Look, I don't know about the particulars of your case, and I don't know what would happen if... All, I know is that you are entitled to a competent defense. You said that you weren't getting one, and I told what to do about it. Anything more is beyond my ability to comment.

    excon

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