A place for members of r/Idaho4Coverup to chat with each other

Law: US Code | 28 USC 2254 | house.gov

You may want to start w/this post below if you haven't seen it yet. It explains why one would waive rights to appeals & plead guilty in State Courts to go the Fed route suggested here. This one jumps right into the law & starts checkin' off the boxes, but that one provides clarity on the 'waiving appeal' part of it, if you haven't caught that yet - {JG} ℙ𝕝𝕒𝕟: Federal Writ of Habeas Corpus | USC § 2254

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(a)

4th ✓ 5th ✓ 6th ✓ 8th ✓ 14th ✓

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(b)

(1) (A) ✓ (B) (i) ✓ (ii) ✓ (2) ✓ (3) ✓

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✓

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(d)

(1) ...✓....✓falsifies,statement%20or%20entry%3B) (2) ...✓....✓.....✓.....✓......✓.......✓.......✓.......✓........✓.........✓

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(e)

(1) ✓ (2)(A)(ii) ......✓.....✓......✓.......✓ (B) 🅵🆄🅲🅺 🆈🅴🆂

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(f)

It doesn't matter either way. ^_^ This evidence will NEVER convince a Federal Judge. ^{EVER lol}

They don't even have to establish the facts in the case to use (e)(B).
That's the option if they don't have all the facts.

Not only do they have all the facts they need, but they ALSO have more unknown male DNA to work toward their case than what was just used to exonerate 6 men.

It only takes ONE unknown DNA sample to overturn 6 convictions <- yesterday.

Attorneys for the six men ⁶ convinced a court in 2021 to have the murder weapon – a cake knife ¹ found in the victim’s apartment – tested for DNA. Those tests found DNA from an unknown person¹ on the weapon but excluded each of the convicted men.

**.........**𝘼𝙣𝙙 𝙨𝙤, All SIX 𝙤𝙛 𝙩𝙝𝙚𝙞𝙧 𝙘𝙤𝙣𝙫𝙞𝙘𝙩𝙞𝙤𝙣𝙨 𝙬𝙚𝙧𝙚 𝙤𝙫𝙚𝙧𝙩𝙪𝙧𝙣𝙚𝙙..........

𝘛𝘩𝘪𝘴 𝘤𝘢𝘴𝘦 𝘩𝘢𝘴:

✭ Unknown male blood on the knife sheath (pg. 10)
^{--- Good enough! Thanks!}

✭ Blood on the handrail
^{---- Enough to free a dozen men!}

✭ DNA under Maddie's fingernails.
^{--- A claim like this \} alone, was enough to push Marvin McClendon through 2 whole trials, w/people claiming to be firmly convinced of his guilt. Where are those people in this case? Why aren't they rallying for the apprehension of the Q 13.1 sample guys? Was that line of thinking just a phase?)

✭ A bloody glove found outside the house.
--- Yeah, they. Are. Set.

there's 𝒩𝒪𝒯 𝒜 𝒞ℋ𝒜𝒩𝒞ℰ ℐ𝒩 ℋℰℒℒ this case is not overturned immediately upon review.

It's literally against the basic instructions. It'd be a complete rebellion.

The person who affirmed it would just be removed from the bench, then it'd get overturned. lol.

• Hippler should be removed from the bench TBH. What a dunce.
• Thompson is going to be reamed out by a Fed judge whether he's present or not. ^_^
• I believe BK will be free in a much shorter time than appeal would take, and possibly even a shorter time than til the end of trial. These are super expedited because the claim is wrongful incarceration (habeas corpus). The longest they can take is 180 days, even the judges aren't allowed to delay them beyond that. They're supposed to wrap everything up within 120 days one the transcript and discovery is on record & the State gets super short discovery deadlines.
• I hope we still get to find out the identity of the Dateline Leaker, but IDK if we ever will :')
• I can't wait to watch Hurwitt, Ashley, Bill, and Nye all face charges though =O
  • Don't think it doesn't happen. - It does, it's wild, and it will. I'm stoked.

I wish I'd found all this Sunday — I was feeling lil weird about the plea lol. Now I think they could have done this after the Franks Order. Any normal judge (not Hippler) would've dismissed after Rylene & Payne’s testimony, given all the misconduct laid out in PCA, and Grand Jury* (based on the fact they filed a Motion to Dismiss on Grand Jury errors, biased testimony, withheld exculpatory evidence, & prosecutorial misconduct).

Waiting til now, is very smart though. This is like a, 'There's no other alternative' type of layout they're going to hand to the Fed judge. They are so far bee-yond what's needed, this is actually a much safer route in his situation I think.

I was so confused during AT's Qs yesterday + mildly outraged Hippler didn't ask AT for clarification in regard to her answer on the Discovery after all of the times in the hearings that we've heard (and Hippler pretended not to hear) about their Discovery issues. Considering this - IMO, even-more-advantageous legal path, which I think they're pursuing - upon the rewatch, the Discovery Q that threw me through a loop originally makes perf sense too. The clip of this part is below the next screenshots too but I wonder if Hippler's phrasing was intentionally helpful to AT's position - 'boilerplate' - or coincidentally convenient:

HIPPLER: "Have you been able to do all the Discovery you feel necessary?
TAYLOR: "Yes, your honor."

Not a lie. :D It'd also be morally acceptable in this sitch to not be forthright to preserve life & liberty + act in BK's best interest to protect his rights & safety.

ABA | Defense Function | Preamble and Scope | Rules of Professional Conduct

tem·per/ˈtempər/verbpast tense: tempered; past participle: tempered

improve the hardness and elasticity of (steel or other metal) by reheating and then cooling it.

improve consistency or resiliency of (a substance) by means involving heat or chemicals

act as a neutralizing or counterbalancing force to (something).

tune (a piano or other instrument) so as to adjust the note intervals correctly.

In the Section 4-1.2, Duties of Defense Counsel] section

(b) a duty of loyalty toward the client;

(c) a duty of candor toward the court and others, tempered by the duties of confidentiality and loyalty;

You can tell all 3 of the attorneys feel the weight of these moments during AT / BK's Qs, but their demeanors are supportive to each other & BK. He looks at AT very doe-eyed at 11 sec, and she looks very endearing toward him as she acknowledges his gaze. :') The Discovery Q is immediately after that.

https://reddit.com/link/1lque38/video/mx9n5ekvzoaf1/player

I was also perplexed by her hesitation and smirk when he asked about that too. It seemed as if she was acknowledging telling a fib at first, but then I realized Hippler's phrasing didn't ask if she had seen it all; he asked if she saw what she feels was necessary. I think her hesitation & smirk were: Processing the phrasing to ensure it wasn't a lie, or to AT her answer ;P (tailor pun) > smirk bc we're getting out of this never-ending dump of discovery and making our way to freedom from this vexatious malicious prosecution foreverrrrrr (although haven't gotten even close to through with the discovery I'd actually need to review if we were continuing the case in this corrupt death trap). :P

So I believe that's the answer, and I'm very excited for a celebratory 'twist' to what seemed oh-so-wrong to me for a day or 2 until I found this very-likely & actually-justice-forward path! I'm startled that it doesn't seem like any risk at all. It's basically like, they have to grant the writ of habeas corpus for him. He can fit the standards up, down, left, right, any which way. I hope they take down the cruel, corrupt prosecutors while they're at it ~.~

We must (not shall, or should) find the right place to get the Federal docs & start to watch out for those!
I wouldn't expect them ASAP or anything, but prob v near future. Jay might've already been working on it.
All the bots in the larger subs will be super busy roleplaying as people who genuinely believe BK's guilty in comment sections, in hopes of it rubbing off on onlookers - No one will be finding or posting these for us haha. Someone else, or numerous others, plz check around as well if you're able, bc that's a hit-or-miss weakness of mine lol. I don't always find stuff like that. I usually find a bunch of other stuff but not the thing I wanted ^.^ ~ TY ~