Comments for Polk Law Blog

Comment on Defending Grady Judd’s Honor by Laketree

Laketree — Mon, 26 Sep 2011 20:03:32 +0000

I just spent 3 hours on your site. This is the best legal site ever. Kemp your comment are so logical. I am concerned that Judd uses the technique of differential enforcement. He has used obscenity laws to harass adult businesses time and time again requiring legal bills and never convicting any one. In an agreement one adult store was allowed to operate for 2 years and then leave the county.

In your blogs you make the important distinction that what is legal may not be fair. In court legality trumps fairness.

Comment on Who Will Defend the County Charter? by Chris Rudolph

Chris Rudolph — Mon, 26 Sep 2011 16:48:37 +0000

Under Sections 6.1.2 and 8.3.2, the original Charter specifically precluded any amendment by way of initiative from changing the salaries of county officers. Despite these provisions, such an initiative was subsequently placed on the ballot and passed.

It would appear that in order for such an initiative to lawfully pass, 6.1.2 and 8.3.2 should have first been eliminated or amended to allow for future salary cuts prior to the adoption of any measure to reduce the county commissioners’ salaries.

As it stands now we have original overriding provisions in the Charter that are is conflict with the subsequent adoption of a newer provision in another section of the Charter.

Comment on Defending Grady Judd’s Honor by Kemp Brinson

Kemp Brinson — Tue, 13 Sep 2011 12:12:07 +0000

@Judy: Because it raises interesting Constitutional questions.

Comment on Defending Grady Judd’s Honor by Nathan Hale

Nathan Hale — Tue, 13 Sep 2011 12:03:42 +0000

Usually the word “legal” in the sense that it is meant to be..

Nazi Germany/Hitler rounding up people for concentration camps was legal, or was it? Maybe that should give pause to the meaning of the word legal.

And just maybe, The PD doing literally nothing resulted in the outcome of this case. You know the voters just might not the Public Defender that permiited this “scum” to walk. This is not an ideal world.

Comment on Defending Grady Judd’s Honor by Judy

Judy — Tue, 13 Sep 2011 11:43:07 +0000

Why are you still debating Judd and Greaves. I know there are other things out there to waste your time on.
Judd did what he did, Greaves is a sick man in this society. the most important thing here are the children in this world. Not Judd, not Greaves…Judd is for the children, Greaves wants people to sexually abuse them.

Comment on Defending Grady Judd’s Honor by Kemp Brinson

Kemp Brinson — Tue, 13 Sep 2011 11:02:05 +0000

“The PD had nothing to lose. They did absolutely nothing. National recognized constitutional law attorneys
stated his “book” had been reviewed and was within First Amendment protection.”

It’s a lot harder than you think it is to turn the opinion of a talking head from Harvard into the action of a judge in Polk County. You don’t just waltz into court, hand the judge a video tape of a CNN interview with some professor, and expect your client to get out of jail free. I understand your frustration, but you don’t seem to have any appreciation or understanding of exactly, legally, what his attorney should have done. I don’t either. All I’m saying is, you can’t really criticize the defender unless you can articulate exactly what he or she could have done to make a difference.

“The circuit was going to stonewall the case, to force him to plea. That handwriting was on the wall.. I told you in January what is the likely result..”

I agree. That’s been the pattern with obscenity prosecutions in this county for a long time. It is effective because it works, legally, not because the PD is complacent.

“I think you find it OK because you think Greaves deserved it, because you think he is a pervert.TRUE?”

False. (I do think he’s a pervert, but I don’t think it is OK to prosecute people in ways that deprive them of their rights.) It is true that I wasn’t losing sleep over Greaves being in jail because he may very well be dangerous. But that’s a character flaw on my part. I just can’t get too terribly upset over him being locked away, but we should be upset about it.

“You knew that Grady picked on Greaves as an easy target for sefl-agrandizement.”

True.

Comment on Defending Grady Judd’s Honor by Nathan HAle

Nathan HAle — Mon, 12 Sep 2011 21:14:28 +0000

The PD had nothing to lose. They did absolutely nothing. National recognized constitutional law attorneys
stated his “book” had been reviewed and was within First Amendment protection.

The circuit was going to stonewall the case, to force him to plea. That handwriting was on the wall.. I told you in January what is the likely result.. A simple (ok, depraved) guy that had no idea of his rights, and his attorney who was no advocate for him. Greaves is now a convicted Felon.. he had no criminal history.

I think you find it OK because you think Greaves deserved it, because you think he is a pervert.TRUE?

You knew that Grady picked on Greaves as an easy target for sefl-agrandizement.

Comment on Defending Grady Judd’s Honor by Kemp Brinson

Kemp Brinson — Mon, 12 Sep 2011 20:45:06 +0000

Do you have any idea about whether he would have had a chance of winning an HC petition? Assuming it would be denied, do you know what the chances would have been on appeal? Do you know about the procedural issues involved? Do you know if a HC petition would have been ripe this early? Do you know what the implications of the fact that he was granted pretrial release would have been on the HC petition? Do you know what the likelihood would have been of getting bail reduced? Do you know how long it would have taken and the likelihood of success of appealing the inevitable refusal of the judge to reduce bail? Do you know whether a motion in limine would have even been considered by the court that early in the process? Do you know what the likelihood of success of that motion would have been?

Please consider the possibility that PD simply might not have had any good options here, and focus your blame squarely where it belongs, on the sheriff’s office and the prosecutor.

Comment on Defending Grady Judd’s Honor by Nathan HAle

Nathan HAle — Mon, 12 Sep 2011 20:06:40 +0000

It is a good thing you do not practice criminal law. The PD true did absolutely nothing, no motions to move forward the case whatsoever.
Cash Register Justice, or is that simply the ljudical standard in Polk? .

He could have filed an habeas for a preliminary hearing, to set reasonable bail,made some motion in limine to the nature of the charge, .

3.131 “(3) If any trial court fixes bail and refuses its reduction before trial, the defendant may institute habeas corpus proceedings seeking reduction of bail. If application is made to the supreme court or district court of appeal, notice and a copy of such application shall be given to the attorney general and the state attorney. Such proceedings shall be determined promptly.”

“907.045 Habeas corpus; motion to dismiss; preliminary hearing.—A defendant who is in custody when an indictment, information, or affidavit on which she or he can be tried is filed may apply for a writ of habeas corpus attacking the indictment, information, or affidavit, or the defendant may move to dismiss the indictment, information, or affidavit. A defendant who has been confined for 30 days after her or his arrest without a trial shall be allowed a preliminary hearing upon application.”

Comment on Defending Grady Judd’s Honor by Kemp Brinson

Kemp Brinson — Mon, 12 Sep 2011 19:43:44 +0000

“You and I sort of, went round and round, with my asserting Greaves was not being provided constitutional mandated counsel. The results bear fruit to my argument.”

Yes, I remember now. I still disagree with your argument, however, as Greaves made a logical decision to plea to get out of jail. His attorney would have wisely advised him that this was the best course of action. I am unaware of what else his attorney could do that would have gotten him out of jail faster, thus, his attorney was not necessarily deficient. Defense attorneys are not miracle workers.