Comments for Brock, Payne & Meece http://www.bpm-law.com Just another WordPress site Fri, 16 Dec 2011 18:27:15 +0000 hourly 1 http://wordpress.org/?v= Comment on The Ethics of Mudslinging in Court – What is Next for Durham Courts? by Concerned http://www.bpm-law.com/the-ethics-of-mudslinging-in-court-what-is-next-for-durham-courts/#comment-979 Concerned Fri, 16 Dec 2011 18:27:15 +0000 http://www.bpm-law.com/?p=575#comment-979 File the motion! File the motion!

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Sid Stroupe http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-948 Sid Stroupe Tue, 13 Dec 2011 22:59:33 +0000 http://www.bpm-law.com/?p=564#comment-948 what can i, as an average citizen of Durham County, do to promote/support an Bar investigation? this madness has got to end ---- now. what can i, as an average citizen of Durham County, do to promote/support an Bar investigation? this madness has got to end —- now.

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Ron Cooley http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-947 Ron Cooley Tue, 13 Dec 2011 19:05:57 +0000 http://www.bpm-law.com/?p=564#comment-947 It's sad to see the Durham County DA's office remain the least respected DA's office I know of. Hopefully a new leader will help it become what it should be, the respected advocate for the State of North Carolina in Durham County Courts. It’s sad to see the Durham County DA’s office remain the least respected DA’s office I know of. Hopefully a new leader will help it become what it should be, the respected advocate for the State of North Carolina in Durham County Courts.

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by jmoo http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-946 jmoo Tue, 13 Dec 2011 19:01:36 +0000 http://www.bpm-law.com/?p=564#comment-946 Recall that a 7A-66 was filed to remove Nifong... and Hudson himself put it on hold for many months (not one of the statutory remedies) pending Bar action. I have to wonder if he would do the same thing in this case where he himself is the target of a rogue DA... I understand that Hudson would likely recuse himself from a 7A-66 hearing regarding Cline. Recall that a 7A-66 was filed to remove Nifong… and Hudson himself put it on hold for many months (not one of the statutory remedies) pending Bar action.

I have to wonder if he would do the same thing in this case where he himself is the target of a rogue DA…

I understand that Hudson would likely recuse himself from a 7A-66 hearing regarding Cline.

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Genie http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-944 Genie Tue, 13 Dec 2011 14:03:44 +0000 http://www.bpm-law.com/?p=564#comment-944 I have watched this unfold, wondering when (NOT if) the bar is going to swoop in. I know how this works, and I do not think Bruno's editorial a few weeks ago about how the bar works behind the scenes and are bound by confidentiality until they are certain of misconduct was a coincidence. He pointed out how everyone was chanting "where is the bar" when the Nifong debacle was going on and it turns out they had quietly been there since his first dance with the media. So I understand. But the NC Bar needs to understand Nifong was ONE case. Cline appears to be responsible for guilty going free and innocent going to jail MANY times due to her misconduct causing cases to be tossed or her misrepresenting evidence to juries and judges to secure convictions. Enough is Enough. The state bar needs to speed this time line up before ONE more innocent is convicted and ONE more guilty goes free. ** And while I realize that the "innocent" may have a criminal past, that does not make it ok for them to be convicted on charges they were NOT guilty of ** I have watched this unfold, wondering when (NOT if) the bar is going to swoop in. I know how this works, and I do not think Bruno’s editorial a few weeks ago about how the bar works behind the scenes and are bound by confidentiality until they are certain of misconduct was a coincidence.
He pointed out how everyone was chanting “where is the bar” when the Nifong debacle was going on and it turns out they had quietly been there since his first dance with the media. So I understand. But the NC Bar needs to understand Nifong was ONE case. Cline appears to be responsible for guilty going free and innocent going to jail MANY times due to her misconduct causing cases to be tossed or her misrepresenting evidence to juries and judges to secure convictions.

Enough is Enough. The state bar needs to speed this time line up before ONE more innocent is convicted and ONE more guilty goes free.

** And while I realize that the “innocent” may have a criminal past, that does not make it ok for them to be convicted on charges they were NOT guilty of **

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Chavez http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-943 Chavez Tue, 13 Dec 2011 13:08:32 +0000 http://www.bpm-law.com/?p=564#comment-943 What part did Cline play in the ludicrous prosecution of Leon Brown (a phony rape charge if there ever was one)? What part did she play in another phony rape case (Duke), in which, although she was scheduled to be second chair with Nifong at the prosecution table, she denies knowing anything about the case other than what she read in the paper? And what role did she play in getting the (clearly) unconstitutional Non-Testimonial Order approved in that case, for which there was no probable cause (ie, it required even persons who had not been in Durham the night of the alleged rape to be treated as suspects)? (Somehow that order--unique in Durham's history--was approved without anyone in the DA's office knowing about it? Nifong says he found it on a copier, Cline says she never saw it, Saacks said he just happened to sign it since no one else was in the office--I suppose he didn't read it first?) When will there be a real DA appointed from outside Durham with power to investigate and clean up the mess? What part did Cline play in the ludicrous prosecution of Leon Brown (a phony rape charge if there ever was one)?

What part did she play in another phony rape case (Duke), in which, although she was scheduled to be second chair with Nifong at the prosecution table, she denies knowing anything about the case other than what she read in the paper?

And what role did she play in getting the (clearly) unconstitutional Non-Testimonial Order approved in that case, for which there was no probable cause (ie, it required even persons who had not been in Durham the night of the alleged rape to be treated as suspects)?

(Somehow that order–unique in Durham’s history–was approved without anyone in the DA’s office knowing about it? Nifong says he found it on a copier, Cline says she never saw it, Saacks said he just happened to sign it since no one else was in the office–I suppose he didn’t read it first?)

When will there be a real DA appointed from outside Durham with power to investigate and clean up the mess?

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Anita Earls http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-941 Anita Earls Tue, 13 Dec 2011 04:07:02 +0000 http://www.bpm-law.com/?p=564#comment-941 Very eloquent and moving. In addition to making it stop, what can we do to keep it from happening again? Can we find a Kamala Harris (a prosecutor with a progressive vision of how to be smart about fighting crime) for Durham? Very eloquent and moving. In addition to making it stop, what can we do to keep it from happening again? Can we find a Kamala Harris (a prosecutor with a progressive vision of how to be smart about fighting crime) for Durham?

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Akin Adepoju http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-940 Akin Adepoju Tue, 13 Dec 2011 03:13:31 +0000 http://www.bpm-law.com/?p=564#comment-940 That judges often do little in sanctioning prosecutors for misconduct is unsurprising. People, including judges, hate responsibilities, so while they have the power to act, they pass it off to others - jury, other courts, the Bar, etc. There's also the sheer irony about violating rules while prosecuting another for violating rules. Thus, under these circumstances of seemingly repeated violations, a stern wag of the finger and strongly worded rebuke will be especially disappointing if Cline lied to the court in her pleading to obtain information she is not entitled to have. This is why Judge Hudson's decisions has been remarkable. It would be great if any of her assistants can take the brave step of filing for removal or perhaps the Durham bar, though I don't know enough about who has the standing to file for removal under the prongs you discussed. But cowardice is an epidemic in the legal profession. But it does have to stop as the Bar has taken a hit, and confidence in the courts is terribly low. That judges often do little in sanctioning prosecutors for misconduct is unsurprising. People, including judges, hate responsibilities, so while they have the power to act, they pass it off to others – jury, other courts, the Bar, etc. There’s also the sheer irony about violating rules while prosecuting another for violating rules. Thus, under these circumstances of seemingly repeated violations, a stern wag of the finger and strongly worded rebuke will be especially disappointing if Cline lied to the court in her pleading to obtain information she is not entitled to have. This is why Judge Hudson’s decisions has been remarkable. It would be great if any of her assistants can take the brave step of filing for removal or perhaps the Durham bar, though I don’t know enough about who has the standing to file for removal under the prongs you discussed. But cowardice is an epidemic in the legal profession. But it does have to stop as the Bar has taken a hit, and confidence in the courts is terribly low.

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Scott Holmes http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-937 Scott Holmes Mon, 12 Dec 2011 21:00:16 +0000 http://www.bpm-law.com/?p=564#comment-937 That would be fine. That would be fine.

]]> Comment on “Please make it Stop” – The Judicial Meltdown in Durham by Cheri http://www.bpm-law.com/please-make-it-stop-the-judicial-meltdown-in-durham/#comment-936 Cheri Mon, 12 Dec 2011 16:43:07 +0000 http://www.bpm-law.com/?p=564#comment-936 Well said, Scott. I hope you don't mind my sharing it. Well said, Scott. I hope you don’t mind my sharing it.

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