3rd Level is The Court of Appeals
Dearest Rani:
Hope all is blessed! I am just forwarding you part three of the court process. I know it may take a while to post part 1 & 2, because (cousin) sent you snapshots, but I just wanted to get the first phase (court process part 1,2 & 3) out to you; so I could work on the second phase, of explaining story/ case, the misconduct, injustice, etc. Thank You.
LOVE & BLESSINGS TO YOU & OUR LOVED ONES!
LOVE & GRATITUDE <3<3PaBro
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[The Third Level is The Court of Appeals]
If/ When the Appellate Division denies an appeal, the next step is to bring the appeal to The Court of Appeals. Statistically, The Court of Appeals considers about 2% of cases annually. Therefore, when the Appellate Division denies a case, more than likely the Court of Appeals will follow suit.
When my case got denied by the Appellate Division, on March 7, 2019, it was pushed to the Court of Appeals. Respectfully to my appellate lawyer, some issues needed to be said. There is protocol to follow, which is understandable; but there was misconduct, which is not understandable.
The Court of Appeals affirmed (agreed with the Appellate Division) my case in July 2019. However, they gave me the opportunity to renew my appeal; pending the decision of People v. Elijah Foster- Bey/ Cadman Williams. These two cases were granted leave to appeal (permission to be heard for arguments) and not only had issues with the Forensic Statistical Tool but also used a part of my case as a reference to help argue their case(s).
As of March 31, 2020, the Court of Appeals made their decision with the two cases (Foster-Bey/ Williams). The judges in the Court of Appeals agreed that it was an "abuse of discretion" to NOT grant a FRYE Hearing (a hearing which challenges scientific evidence) for the Forensic Statistical Tool. The judges even mentioned my case, especially because my case was one of the first cases to use the Forensic Stastistical Tool; and no FRYE hearing has been conducted on this new/ controversial test. Even though the judges agree that it was "an abuse of discretion" to NOT conduct a FRYE hearing; they still denied Foster-Bey and Williams because of the overwhelming evidence in the case; which considered the "abuse of discretion" a harmless error (the other trial evidence outweighed the misconduct/ error).
However, unlike Foster-Bey/ Williams, the "overwhelming evidence" in my case is the inconclusive test results; which the courts already are, at least, raising up an eyebrow about. Also, the testimony of the two "accomplices" was a violation because these "accomplices" were bestowed gratuities (paid for their testimony); and one of the "accomplice(s)" was not portrayed as an accomplice. Also, the statement that there were two hooded people in the vestibule, is not eyewitness testimony; but it is unprofessionally/ unnecessarily being dignified by the courts. Two hooded people in the vestibule in the wintertime, whom the witness(es) claimed they could not identify, nor know if they were even involved in the crime. That is an insult to the integrity of any courtroom, to be considered eyewitness testimony. Lastly, the claim that these were friends of mine. This is not considered evidence. This was never denied, except that (1) the prosecutor manipulated the court to believe that these were childhood friends of mine; I did not befriend them until 2002; and disassociated myself from them in 2007 (2) all this proves is "guilty by association".
When the Court of Appeals deny a case; there are a few options left to be considered. This is called "exhausting state remedies"; before the last option, which is the 'Federal Habeas Corpus'. The 'Federal Habeas Corpus' is the last resort, whereas all of the issues are presented to be considered. The "time-clock" to file a 'Federal Habeas Corpus' starts when the Court of Appeals gets denied. The "time-clock" is fifteen months to file a 'Federal Habeas Corpus'; but the remedies must be exhausted. The remedies are:
(1) A(n) appeal, which is any issues that transpired in trial.
(2) A 440- Motion, which is any issues that did not transpire in trial.
(3) Coram Nobis, which is the ineffectiveness/ issues with the appellate lawyer
(4) State Habeas Corpus, which is all issues.
These remedies are a process to go through, but only if there are actual issues. Each of these remedies have the possibly to grant a reversal in a case, depending on the strength of the issue or if the issue is actually being considered. However, these remedies are stages to go through, in order to even do a Federal Habeas Corpus; and again all of this litigation needs to be done within 15 months, since the denial at the Court of Appeals.
This is only the court procedures/ protocol to abide by. However, in my case, even though I am going through the procedures; I am also bringing awareness to the public. I feel compelled to do so because I am being unnecessarily challenged. The fact that all of this misconduct is being overlooked by the courts; worries me that this pattern will continue. I, as well as loved ones, hoped that the test alone, being debunked and proved to be junk science will bring awareness to the courts; to at least investigate my case. However, the silence is giving power to the misconduct. Therefore, I ask you to continue to follow and share. I will break the case down even more and tell my story. I just wanted to catch you all up with the court protocols/ procedures. Any questions, feel free to ask. LOVE & BLESSINGS TO YOU & YOUR LOVED ONES! LOVE & GRATITUDE <3<3<3 PG
