Posts Tagged ‘case law’

The Kentucky Supreme Court denied our Motion For Discretionary Review of the Frog Gravy legal case without opinion or comment. Here is a copy of the order:

10 02/15/2012 ORDER DENYING DISCRETIONARY REVIEW: DD
11 02/15/2012 FINALITY: FL

Source.

This means we have reached the end of the road on the direct appeal in Kentucky and the published opinion by the Court of Appeals is the law of the case. The briefs filed by the parties will be available online at the Chase Law School in Kentucky at some point.

Documents in this case, including the briefs and the published opinion (pdf), are also available here:

https://froggravy.wordpress.com/2012/02/06/table-of-contents-court-briefs-and-documents-frog-gravy-legal-case/

The preliminary hearing is here:

https://froggravy.wordpress.com/2012/02/05/the-full-text-preliminary-hearing-frog-gravy-legal-case/

The Grand Jury hearing is here:

https://froggravy.wordpress.com/2012/01/12/the-full-text-grand-jury-hearing/

The exculpatory labs are here:

https://froggravy.wordpress.com/2011/10/16/grand-jury-misuse-and-perjury-frog-gravy-38/

The suppression hearing is here:

https://froggravy.wordpress.com/2012/02/08/the-full-text-suppression-hearing-pdf-frog-gravy-legal-case/

The first order denying suppression:

https://froggravy.wordpress.com/2012/02/08/the-first-of-three-orders-denying-suppression-frog-gravy-legal-case/

And the second, and the third:

https://froggravy.wordpress.com/2012/02/08/the-second-and-third-orders-denying-suppression-frog-gravy-legal-case/

Other documents:

https://froggravy.wordpress.com/2012/02/13/more-documents-frog-gravy-legal-case/

What is the next step in this case?

There are three options right now:

1. Do nothing. The case no longer specifically impacts our day-to-day lives one way or the other. Fortunately, I am not on death row. The case will impact others in the future, because it is published and it sets precedent. One option is to do nothing.

2. Petition the United States Supreme Court for Certiorari, or review, of the decision. The issues are very specific in such a petition. Here is more information about Certiorari:

http://en.wikipedia.org/wiki/Certiorari

3. File a state habeas corpus petition alleging ineffective assistance of counsel. In Kentucky, this is called an 11.42 petition. Here is more information about that:

http://en.wikipedia.org/wiki/Ineffective_assistance_of_counsel

It will be interesting to see how this case will impact future cases.

This latest result is entirely consistent with the patterns and practices of the case so far, as evidenced by these documents.

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