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Posts Tagged ‘Legal Question’

Legal question RE: Texas V. Henry "Hank" Skinner?

November 16th, 2011 2 comments

Ok, I have been following this case lately and basically this man was arrested in 1993 and brought up on three homicide charges in the deaths of his then-live-in girlfriend and her two adult-age sons. From day one, Skinner has shouted from the roof-tops that he is innocent, but he was convicted and received The Death Penalty. Originally, his death sentence was scheduled to be carried out on Wednesday, November 9, 2011 (so in just a couple of days from this posting.) However, there was a petition circulated on Change.org, and some former attorneys, judges, and politicians from Texas wrote letters to the present-day Governor of Texas asking they (at least temporarily) forego this execution while the fight to save this potentially innocent man’s life continues. Apparently, the prosecutor from the DA’s Office assigned to this case did NOT request DNA testing on every piece of evidence (s)he could have, which included a victim’s RAPE KIT for God’s Sake! Now, I won’t pretend to be a legal expert, or a cop or anything, but I’ve seen far too many episodes of Law & Order: SVU to know that’s one of the FIRST THINGS you take to the crime lab for DNA testing so you make sure you’re busting the right "perp." Now, for the last TEN YEARS OR MORE, Skinner and his attorney have been submitting official requests to the DA’s Office asking that they go through the evidence and whatever wasn’t DNA tested before or during the trial, be DNA tested now because it very well could prove Skinner’s oft-repeated claim of innocence is true. The DA’s Office keeps denying the requests, saying something to the effect that if they wanted EVERYTHING that could have been DNA tested to be DNA tested, they should have asked that it all be DNA tested either before the case went to trial, or at the latest during the trial, but after the trial is over and the defendant is sentenced is too late. Now, again, I’m no lawyer or judge, or legal expert – far from it, actually, but this SCREAMS of Prosecutorial Misconduct to me. To me, this is the equivalent of denial of a fair trial AND denial of Due Process of Law. IMO, they need to hold off on the execution until EVERYTHING is DNA tested, and while waiting, Skinner should be in Gen Pop, or even P.C. not Death Row. If he’s wrong about the DNA vindicating him, or knowingly, flat-out lied about it and he really was the murderer of these three, then don’t delay the execution any further – proceed IMMEDIATELY as soon as the DNA results are in, IMO. However, if he’s right and the DNA shows it wasn’t him, he’s been in prison far too long for an innocent man, so he would deserve to be released right then and there as soon as the DNA cleared him. So, am I right though? Does this sound like a case of Prosecutorial Misconduct? Does a DA/Prosecutor have the right to decide which evidence does or does NOT get DNA tested or which evidence they have that will/won’t be presented during a trial? Does a DA/Prosecutor have the right to tell a potentially innocent Prison Inmate asking for evidence DNA tests, "Sorry man you should have asked for these DNA tests before the trial."? I just want to smack the crap out of this Prosecuting Attorney – it sounds a lot like he cares more about his win/loss record than whether or not he’s got the correct "bad guy" in prison.
Susan S: Thanks. I agree. Someone needs to step in and b**ch smack the Prosecuting Attorney and Judge for letting this farce go on. There is NO harm in running the DNA tests even after the trial. If it proves him innocent, he goes home, if it proves him guilty, he’s dead in 3 days as planned. Just test the damn DNA! I would think it would be worth it to make sure they don’t bump off an innocent man. These people standing in the way of justice need to be dis-barred and jailed for being so stubborn and refusing to process all of the evidence!
@dudleysharp: you raise a few valid points and a compelling argument. I wonder though, if you’re right, why they wait now until about a week before his scheduled execution to go public on Change.org (supposedly falsely) claiming all of this and saying they’ve been practically BEGGING for this other evidence to be tested when apparently they asked for it NOT to be tested before the trial started? And why is it that the information I’m reading on this is saying that when the family asked for the rest of it to be tested after the trial the prosecution said no, making the prosecutor look bad, rather than saying the defendant asked for it not to be tested, making the defendant look more and more suspicious and more and more guilty? Something’s not adding up here. I wish I knew the truth – a potentially innocent man’s life is at stake.

Apparently the same local court where he was originally tried has turned down the latest request to test DNA. If he is executed this week (as scheduled) we will never know if Texas got the right person. I believe this is indefensible- and that even death penalty supporters would want to know for sure.

I have a legal question!?

August 6th, 2011 1 comment

My ex-husband died in 2006 in Florida. We share two children together. When he died I was contacted by his father telling me that he couldn’t handle his son’s last affairs without me signing and allowing his father to do so. I am not sure why I was the one that would have been responsible but I signed the necessary form. Years later I can’t find any public records on his estate. He still has assets in his name. There was a vehicle that was restored. His father and I had a conversation after his death. We came to the conclusion that the vehicle would be auctioned and the proceeds would be distributed among his children. To the best of my knowledge the process hasn’t been completed and I believe that the vehicle is still in possession of a car club that he belonged to. I am now wondering if there is any legal standing for my children or if there is a statute of limitations.

Unfortunately your genuine claim is barred by statute of limitations.

I have a Legal Question?

August 1st, 2011 2 comments

My ex-husband died in 2006 in Florida. We share two children together. When he died I was contacted by his father telling me that he couldn’t handle his son’s last affairs without me signing and allowing his father to do so. I am not sure why I was the one that would have been responsible but I signed the necessary form. Years later I can’t find any public records on his estate. He still has assets in his name. There was a vehicle that was restored. His father and I had a conversation after his death. We came to the conclusion that the vehicle would be auctioned and the proceeds would be distributed among his children. To the best of my knowledge the process hasn’t been completed and I believe that the vehicle is still in possession of a car club that he belonged to. I am now wondering if there is any legal standing for my children or if there is a statute of limitations.

The process did not require your signature unless you were still listed as a beneficiary, however the next of kin would have been the children and not the father so he had to be assigned as executor in order to file for probate, apparently the property is sitting in limbo and nothing has been done, you need an attorney to stand in for the children and get their share of the estate.}{

Possible legal trouble with the ex… VERY LONG… sorry!?

May 31st, 2011 3 comments

So… another legal(s) question. I NEED to get a lawyer but of course no ones around until Monday and I will worry myself to death until then. My ex calls me tonight. This is all about the issue a few months ago where my son asked to be adopted… So my ex tells me tonight that I will be getting served with papers hahahah…

When I ask what for he tells me that there are several things pending with the state att. 1) fraud. his child support is auto deduct from his check. In the past his company has over paid me and when I took steps to give it back I was told that all I had to do was agree to allow them to take "X" amount out of each payment in the future to cover it and that’s the best way to resolve this… that is what I have been doing. The last few weeks they have been double paying me. I called them and as per the agreement they told me that if his company sends it in with my name that they have to give it to me and if it is a over payment then they will just keep taking "X" amount until it is covered. Fine not a problem… he states that my case worker (at my request) has forged papers saying that he is in arrears and that they have auth the state to take double payments until this is caught up… I have not been to court / talked to judge / filed ANY sort of papers about child support. I am clue less but needless to say PER HIM I have a fraud charge coming.

2)He then tells me that he has hired a PI and this person has been following me for the last 8 weeks… they know every breathe that I take (If this is true then I hope this person was bored to tears!) States that he now knows everything about me… my employment record, 9 years of bank statements. Both of my kids school records (my daughter is not even his…) ect…Because of this, this has helped the state prove that there is cause to file neglect charges on me and take my kids… now maybe i am stupid but wouldn’t DCF or some other agency have to look into this. Visit me, visit my home ect? I have NEVER been visited my DCF or had cause to have them visit me.

3) my husband in under a PTI. This is for theft and his first offense ever. He was adv that as long as he behaves / shows up for his monthly check ins / pays the fines / does not get in any trouble that there are no other restrictions… he can come and go… drink even within reason and leave the county as needed… we went to NC back in Feb… My ex caused me and my husband to fight. It was bad and my ex called the cops. He is telling me that with one phone call he can have him arrested for this issue… the cops that responded at the time of issue ran his name… checked all his info and released him from the scene. How the hell can he cause my husband to be arrested for a issue that happened out of state when the responding cops did not see fit to?

and last I promise)
4) he says that the states has me for insurance fraud… Both of my kids are on Florida Kid care. have been for years. My ex now states that he can prove that he has had insurance on my son for the last 9 years and I just failed to use it… This is not something that I was ever advised of. In fact he told my mother that when we divorced the judge told him he had to pay for it…not give me the info… It’s hear say but….

1) Hmm.. Try looking at that from his perspective. How would you like it if a big chunk of your check was being taken out and you knew it wasn’t supposed to be? And then the response was "we’ll just take out less later. Good luck with your bills for THIS month!" I’d be pissed too. And so would you – don’t deny it. It sounds like a big misunderstanding, but you should really try to get this fixed as soon as possible. He may have a case here.

2) Creepy, and probably BS if you haven’t heard from any officials. And not to his benefit if it’s true and hes just waiting to report you. If he knows that his child is being neglected, and he’s letting it continue for personal reasons, then he’s neglecting the child too.

3) Yeah…kinda bad for you’re case there. When you say "fight" do you mean like fist fight, or screaming fight? Because that’s kind of important. He probably can’t get your husband arrested for that, but it’s something you need to maintain an awareness of. Also, if he was out of state, and his case worker doesn’t know about the incident, and if it was a violation of 1 of his conditions, then your ex may have a point… Tread softly.

4) Fraud in an intentional crime. You can’t defraud someone if you don’t know an alternative exists.

5) What’s the story about your kid asking to be adopted? Adopted by who? Is he asking to live with his father, or just with some random couple? That kind of makes me wonder about that whole neglect thing and if that isn’t just a story. How old is the kid, and why does he want to be adopted? That could be a major playing card for your ex.

I don’t mean to make you panic, but if your ex has a decent lawyer, you need one too.

This is long… possible legal issues with the ex?

May 27th, 2011 1 comment

So… another legal(s) question. I NEED to get a lawyer but of course no ones around until Monday and I will worry myself to death until then. My ex calls me tonight. This is all about the issue a few months ago where my son asked to be adopted (he is 12 and wants his step dad to adopt him)… So my ex tells me tonight that I will be getting served with papers hahahah…

When I ask what for he tells me that there are several things pending with the state att. 1) fraud. his child support is auto deduct from his check. In the past his company has over paid me and when I took steps to give it back I was told that all I had to do was agree to allow them to take "X" amount out of each payment in the future to cover it and that’s the best way to resolve this… that is what I have been doing. The last few weeks they have been double paying me. I called them and as per the agreement they told me that if his company sends it in with my name that they have to give it to me and if it is a over payment then they will just keep taking "X" amount until it is covered. Fine not a problem… he states that my case worker (at my request) has forged papers saying that he is in arrears and that they have auth the state to take double payments until this is caught up… I have not been to court / talked to judge / filed ANY sort of papers about child support. I am clue less but needless to say PER the ex I have a fraud charge coming.

2)He then tells me that he has hired a PI and this person has been following me for the last 8 weeks… they know every breathe that I take (If this is true then I hope this person was bored to tears!) States that he now knows everything about me… my employment record, 9 years of bank statements. Both of my kids school records (my daughter is not even his…) ect…Because of this, this has helped the state prove that there is cause to file neglect charges on me and take my kids… now maybe i am stupid but wouldn’t DCF or some other agency have to look into this. Visit me, visit my home ect? I have NEVER been visited my DCF or had cause to have them visit me.

3) my husband in under a PTI. This is for theft and his first offense ever. He was adv that as long as he behaves / shows up for his monthly check ins / pays the fines / does not get in any trouble that there are no other restrictions… he can come and go… drink even within reason and leave the county as needed… we went to NC back in Feb… My ex caused me and my husband to fight. It was bad and my ex called the cops. He is telling me that with one phone call he can have him arrested for this issue… the cops that responded at the time of issue ran his name… checked all his info and released him from the scene. How the hell can he cause my husband to be arrested for a issue that happened out of state when the responding cops did not see fit to?

and last I promise)
4) he says that the states has me for insurance fraud… Both of my kids are on Florida Kid care. have been for years. My ex now states that he can prove that he has had insurance on my son for the last 9 years and I just failed to use it… This is not something that I was ever advised of. In fact he told my mother that when we divorced the judge told him he had to pay for it…not give me the info… It’s hear say but….

I will use initials because the word is not acceptable on yahoo, but what he is feeding you is BS and none of it is even close to the truth. He cannot do any of the things he is claiming and he is trying to intimidate you, there is an old saying and it has connotations that are best not explained, Tell him to pound salt and stop worrying that is his intent and you are falling for it speak with an attorney and if in fact a PI had accessed the financial information that he claims it would be illegal and the PI would lose his license. Tell him his BS smells and you will see him in court.}{

Long story but the ex causeing drama / possible legal issues?

May 24th, 2011 1 comment

So… another legal(s) question. I NEED to get a lawyer but of course no ones around until Monday and I will worry myself to death until then. My ex calls me tonight. This is all about the issue a few months ago where my son asked to be adopted… So my ex tells me tonight that I will be getting served with papers hahahah…

When I ask what for he tells me that there are several things pending with the state att. 1) fraud. his child support is auto deduct from his check. In the past his company has over paid me and when I took steps to give it back I was told that all I had to do was agree to allow them to take "X" amount out of each payment in the future to cover it and that’s the best way to resolve this… that is what I have been doing. The last few weeks they have been double paying me. I called them and as per the agreement they told me that if his company sends it in with my name that they have to give it to me and if it is a over payment then they will just keep taking "X" amount until it is covered. Fine not a problem… he states that my case worker (at my request) has forged papers saying that he is in arrears and that they have auth the state to take double payments until this is caught up… I have not been to court / talked to judge / filed ANY sort of papers about child support. I am clue less but needless to say PER the ex I have a fraud charge coming.

2)He then tells me that he has hired a PI and this person has been following me for the last 8 weeks… they know every breathe that I take (If this is true then I hope this person was bored to tears!) States that he now knows everything about me… my employment record, 9 years of bank statements. Both of my kids school records (my daughter is not even his…) ect…Because of this, this has helped the state prove that there is cause to file neglect charges on me and take my kids… now maybe i am stupid but wouldn’t DCF or some other agency have to look into this. Visit me, visit my home ect? I have NEVER been visited my DCF or had cause to have them visit me.

3) my husband in under a PTI. This is for theft and his first offense ever. He was adv that as long as he behaves / shows up for his monthly check ins / pays the fines / does not get in any trouble that there are no other restrictions… he can come and go… drink even within reason and leave the county as needed… we went to NC back in Feb… My ex caused me and my husband to fight. It was bad and my ex called the cops. He is telling me that with one phone call he can have him arrested for this issue… the cops that responded at the time of issue ran his name… checked all his info and released him from the scene. How the hell can he cause my husband to be arrested for a issue that happened out of state when the responding cops did not see fit to?

and last I promise)
4) he says that the states has me for insurance fraud… Both of my kids are on Florida Kid care. have been for years. My ex now states that he can prove that he has had insurance on my son for the last 9 years and I just failed to use it… This is not something that I was ever advised of. In fact he told my mother that when we divorced the judge told him he had to pay for it…not give me the info… It’s hear say but….

Ok first of all.. calm down… him saying things, and these things being true could be two different things.. so until u actually get served dont read to much into it.. he could be blowing smoke just to freak you out.. and if thats the case well , its working..

The child support will straighten itself out.. not a big deal a judge will figure it out and they will just let him pay less for however long until its caught up .. 50 a month or whatever until its fair again.. (although if he’s making more money now then he was when c/s was issued could back fire on him if your lawyer (if he actually is having u served) counters with a modification that could make his c/s increase which would wash it out if not make him owe u even more.)

LMAO@ the case worker upon your request forged documents lol wow you have alot of power.. bet u didnt know that lol.. so much so that u could get a state worker, to risk their job to forge doc for you lol.. he’s full of crap , he’s grasping at straws.

PI.. wow your x must be really rich if he can afford a PI for 8 weeks.. and he’s complaining about a few weeks of extra child support yet he can afford a PI for 8 weeks.. tell him to show u proof.. lol and im pretty sure that if they tapped into your bank records for the last 9 years , thats not public knowledge and im pretty sure he or the pi could get in trouble for that so again i think he’s full of crap..

If he’s not on your daughters list of people of contact ( listed as father etc) then you can sue the school for giving out any information on your child that isnt his.. he has a right to the records on his son unless u have court papers stating otherwise but your daughter is another story .. and typically the schools check before giving out any information on a child.. they will check your license to make sure your on the contact list.. As far as the neglect.. you know if you neglect your children or not.. do u feed them, bathe them, put a roof over their head, are u making sure they are provided for and go to school.. if so he has nothing.. and DFS would laugh in his face.. btw you said he’s out of state.. what did he do drive from his state just to go to the kids schools to get a copy of their records??? lol..

LOL your x is an ego maniac he cant call the cops on a situation that happened awhile back that was already handled.. he’s full of himself he’s trying to intimidate you and scare you.. tell him to bring it! because he’s full of crap , id even be willing to bet that if not 100% atleast 95% of what you’ve put here that he’s said is b.s. and he’s just pissed and lying out his butt to try and scare u.

Tell him to prove it when it comes to the insurance fraud.. can he prove he sent u a scaned copy via email, or a sign reciept through snail mail that he gave it to u, etc because if he cant prove that he gave it to u, then it cant be proven that you had it.. now if at the last judgement it is recorded that they gave him a deduction in c/s because he had medical benefits on the children and you continued to use Kid care then possibly you could get in trouble.. but if at the time there was no proof of insurance for the kids then i wouldnt worry about it.. and tell him your still waiting on a card because he has to give u one in order to use it.. he cant "NOT GIVE U THE INFO" lol let him tell that to a judge lol.. better yet.. email him about the insurance see if he’s stupid enough to put that in an email and show that to a judge lol…

Dont let this guy get to u.. id be willing to bet that he’s full of crap.. Dont worry until theres something to worry about and if you dont have papers in hand.. then theres nothing to worry about.. no need to get a lawyer until your served because i think he’s blowing smoke.. and even if he’s not, your lawyer cant do anything until you get served anyways to actually read what he’s suing you for.. so stop getting stressed out over this stupidity.. He has nothing.. based on what you put here.. and most of the things u said, sound far fetched…. so dont let him rattle you.. just say "COOL cant wait to see the papers" and get off the phone.. stop letting him bait u into a conversation..